38-1664. Juvenile offenders placed in custody of commissioner, considerations by court; notification of court; reports by commissioner and foster parents; permanency hearing.
38-1664
38-1664. Juvenile offenders placed in custody ofcommissioner, considerations by court; notification of court; reports bycommissioner and foster parents; permanency hearing.(a) Prior to placing a juvenile offender in the custody of the commissioner andrecommending out-of-home placement, the court shall consider and determinethat, where consistent with the need for protection of the community:
(1) Reasonable efforts have been made to maintain the family unitand prevent unnecessary removal of a juvenile offender from the juvenileoffender's home, as long asthe juvenile offender's safety is assured, or an emergency exists whichthreatens thesafety of the juvenile offender. If the juvenile offender is in the custody ofthe secretary of social and rehabilitation services under the Kansas code forthe care of children, thesecretary shall prepare a report for the court documenting such reasonableefforts. If the juvenile offender is in the custody of the commissioner, thecommissioner shall prepare a report for the court documenting such reasonableefforts. Otherwise, the predisposition investigation writer shall prepare areport to the court documenting such reasonable efforts. Reasonable efforts arenot required prior to removal if the court finds:
(A) A court of competent jurisdiction has determined that the parent hassubjected the juvenile offender to aggravated circumstances;
(B) a court of competent jurisdiction has determined that the parent has beenconvicted of a murder of another child of the parent; voluntary manslaughterof another child of the parent; aiding or abetting, attempting, conspiring orsoliciting to commit such a murder of such a voluntary manslaughter; or afelony assault that results in serious bodily injury to the juvenile offenderor anotherchild of the parent; or
(C) the parental rights of the parent with respect to a sibling have beenterminated involuntarily.
Such findings must be included in the court's order.
(2) The juvenile offender's removal from the home must be the result of ajudicialdetermination to the effect that continuation of residence in the home would becontrary to the welfare, or that placement would be in the best interests, ofthe juvenile offender. The contrary to the welfare determination must be madein the firstcourt ruling that sanctions the removal of a juvenile offender from the home.
(3) A permanency plan must be presented at disposition or within 30 daysthereafter. If a permanency plan is in place under a child in need of careproceeding, the court may adopt the plan under the present proceeding. If thejuvenile offender is placed in the custody of the commissioner, thecommissioner shall prepare the plan. The plan must comply with the requirementsofK.S.A. 2009 Supp.38-2263, and amendmentsthereto. The court shall have the authorityto require any person or entity agreeing to participate in the plan to performas set out in the plan.
(4) The court must determine that reasonable efforts have been made and whatprogress has been made to finalize the permanency plan that is in effect within12 months of the date the juvenile offender is considered to have enteredfoster care andat least once every 12 months thereafter while the juvenile offender is infoster care.
(5) The court must reflect reasonable efforts and contrary to the welfarefindings in orders awarding custody to the commissioner temporarily, atsentencing and at modification hearings. If the juvenile offender is placed inthe custodyof the commissioner, the court shall provide the commissioner with a writtencopy of any orders entered upon making the order for the purpose of documentingthe orders.
(6) If the juvenile offender is placed in the commissioner's custody, thecommissionershall document in writing the reasonable efforts that have been made and theprogress made to finalize the permanency plan, before each hearing reviewingthe plan.
(b) When a juvenile offender has been placed in the custody of thecommissioner, the commissioner shall notify the court in writing of the initialplacement of the juvenile offender as soon as the placement has beenaccomplished. The court shall have no power to direct a specific placement bythe commissioner, but may make recommendations to the commissioner. Thecommissioner may place the juvenile offender in an institution operated by thecommissioner, a youth residential facility or a community mental health center.If the court hasrecommended an out-of-home placement, the commissioner may not return thejuvenile offender to the home from which removed without first notifying thecourt of the plan.
(c) During the time a juvenile offender remains in the custodyof the commissioner, the commissioner shall reportto the court at least each six monthsas to the current living arrangement and social and mental development ofthe juvenile offender and document in writing the reasonable efforts thathave been made and the progress made to finalize the permanency plan.
(d) If the juvenile offender is placed outside thejuvenileoffender's home, a permanency hearing shall be held not more than12 months after thejuvenile offender is placed outside the juvenile offender's home and, ifreintegration is a viable alternative, every 12months thereafter.The court may appoint a guardian ad litem to represent the juvenile offenderat the permanency hearing. Juvenile offenders who have been in extended out ofhome placement shall beprovided a permanency hearing within 30 days of a request from thecommissioner. If reintegration is not a viable alternative and either adoptionor permanent guardianship might be in the best interests of the juvenileoffender the county or district attorney shall file a petition alleging thejuvenile is a child in need of care and requesting termination of parentalrights or the appointment of a permanent custodianpursuant to the revised Kansas code for care of children.If the juvenile offender is placed in foster care, thefoster parent or parents shall submit to the court, at least every six months,a report in regard to the juvenile offender's adjustment, progress andcondition. The juvenile justice authority shall notifythe foster parent or parents of the foster parents' or parent's duty to submitsuch report, on a form provided by the juvenile justice authority, at least twoweeks prior to the date when the report is due, and thename of the judge and the address of the court to which the report is to besubmitted. Such report shall be confidential and shall only be reviewed by thecourt and the child's attorney.
(e) The report made by foster parents and provided by thecommissioner ofjuvenile justice, pursuant to this section, shall be in substantially thefollowing form:
CONFIDENTIAL
_____________________________ ____________________________ Child's Name Current Address
_____________________________ ____________________________ Parent's Name Foster Parents
_____________________________ Primary Social Worker
Please circle the word which best describes the child's progress
1. Child's adjustment in the home
excellent good satisfactory needs improvement
2. Child's interaction with foster parents and family members
excellent good satisfactory needs improvement
3. Child's interaction with others
excellent good satisfactory needs improvement
4. Child's respect for property
excellent good satisfactory needs improvement
5. Physical and emotional condition of the child
excellent good satisfactory needs improvement
6. Social worker's interaction with the child and foster family
excellent good satisfactory needs improvement
7. School status of child:
_____________________________ ______________________________ School Grade
Grades Good ________ Fair _________ Poor ___________Attendance Good ________ Fair _________ Poor ___________Behavior Good ________ Fair _________ Poor ___________
8. If visitation with parents has occurred, describe the frequency ofvisits, with whom, supervised or unsupervised, and any significant eventswhich have occurred.
9. Your opinion regarding the overall adjustment, progress and condition ofthe child:
10. Do you have any special concerns or comments with regard to the childnot addressed by this form? Please specify.
History: L. 1982, ch. 182, § 103;L. 1989, ch. 122, § 2;L. 1990, ch. 150, § 8;L. 1994, ch. 324, § 1;L. 1996, ch. 229, § 82;L. 1999, ch. 156, § 17;L. 2000, ch. 150, § 25;L. 2006, ch. 200, § 95; Jan. 1, 2007.