38-2216. Expense of care and custody of child. (a) How paid. (1) If a child alleged or adjudged to be a child in need of care is not eligible for assistance under K.S.A. 39-709, and amendments thereto, expenses for the care and custody of the child shall be paid out of the general fund of the county in which the proceedings are brought. For the purpose of this section, a child who is a nonresident of the state of Kansas or whose residence is unknown shall have residence in the county where the proceedings are instituted.
(2) When a law enforcement officer has taken a child into custody as authorized by subsection (b) of K.S.A. 38-2231, and amendments thereto, and delivered the child to a person or facility designated by the secretary or when custody of a child is awarded to the secretary, the expenses of the care and custody of the child may be paid by the secretary, even though the child does not meet the eligibility standards of K.S.A. 39-709, and amendments thereto.
(3) When the custody of a child is awarded to the secretary, the expenses of the care and custody of the child shall not be paid out of the county general fund.
(4) Nothing in this section shall be construed to mean that any person shall be relieved of legal responsibility to support a child.
(b) Reimbursement to county general fund. (1) When expenses for the care and custody of a child alleged or adjudged to be a child in need of care have been paid out of the county general fund, the court may fix a time and place for hearing on the question of requiring payment or reimbursement of all or part of the expenses by a person who by law is liable to maintain, care for or support the child.
(2) The court, after notice to the person who by law is liable to maintain, care for or support the child, may hear and dispose of the matter and may enter an order relating to payment of expenses for care and custody of the child. If the person willfully fails or refuses to pay the sum, the person may be adjudged in contempt of court and punished accordingly.
(3) The county may bring a separate action against a person who by law is liable to maintain, care for or support a child alleged or adjudged to be a child in need of care for the reimbursement of expenses paid out of the county general fund for the care and custody of the child.
(c) Reimbursement to secretary. (1) When expenses for the care and custody of a child alleged or adjudged to be a child in need of care have been paid by the secretary, the secretary may recover the expenses pursuant to K.S.A. 39-709, 39-718b or 39-755, and amendments thereto, or as otherwise provided by law, from any person who by law is liable to maintain, care for or support the child.
(2) The secretary shall have the power to compromise and settle any claim due or any amount claimed to be due to the secretary from any person who by law is liable to maintain, care for or support the child.
History: L. 2006, ch. 200, ยง 11; Jan. 1, 2007.
Structure Kansas Statutes
Article 22 - Revised Kansas Code For Care Of Children
38-2201 Citation; construction of code; policy of state.
38-2203 Jurisdiction; age of child, presumptions; precedence of certain orders.
38-2205 Right to counsel; guardian ad litem.
38-2206 Appointment of special advocate.
38-2207 Citizen review boards; members.
38-2208 Same; duties and powers.
38-2209 Confidentiality of child in need of care records; penalties; immunities.
38-2210 Parties exchanging information.
38-2211 Access to official and social file; preservation of records.
38-2214 Duties of county or district attorney.
38-2215 Docket fee; authorized only by legislative enactment; expenses; assessment.
38-2216 Expense of care and custody of child.
38-2218 Educational decisions; educational advocates for exceptional children.
38-2219 Evaluation of development or needs of child.
38-2221 Fingerprints and photographs.
38-2222 Public information and educational program; reporting of suspected abuse or neglect.
38-2227 Child advocacy centers.
38-2228 Multidisciplinary team.
38-2229 Investigation of abuse or neglect; subpoena; request to quash.
38-2230 Same; duties of the department for children and families.
38-2235 Procedure upon filing of petition.
38-2236 Summons; persons to be served; notice of hearing.
38-2239 Service of other pleadings.
38-2240 Subpoenas; witness fees.
38-2244 Order for informal supervision; restraining orders.
38-2247 Attendance at proceedings; confidentiality.
38-2248 Stipulations and no contest statements.
38-2253 Dispositional hearing; purpose; time.
38-2255 Authorized dispositions; prohibitions.
38-2257 Permanency planning at disposition.
38-2259 Emergency change of placement; removal from home of parent, findings of court.
38-2261 Reports made by foster parents.
38-2262 Placement; testimony of certain children.
38-2266 Request for termination of parental rights or appointment of permanent custodian.
38-2267 Procedure upon receipt of request.
38-2268 Voluntary relinquishment; voluntary permanent custodianship; consent to adoption.
38-2271 Presumption of unfitness, when; burden of proof.
38-2272 Appointment of permanent custodian.
38-2273 Appeals; procedure; verification; continuing jurisdiction.
38-2274 Temporary orders pending appeal; status of orders appealed from.
38-2276 Prohibiting detainment or placement of child in jail.
38-2277 Determination of child support.
38-2278 Journal entry for child support.
38-2280 Remedies supplemental not substitute.
38-2282 Newborn infant protection act.
38-2283 Application to existing cases.
38-2285 Awarding high school diplomas; requirements.
38-2286 Child removed from custody of parent, substantial consideration of grandparent.
38-2288 CINC placement in a juvenile detention facility.
38-2289 Child in custody, victim of certain conduct; reporting of information.
38-2291 Qualified residential treatment program placement; required notices; court determinations.