38-2362. Orders relating to parents. (a) When sentencing a juvenile offender, the court may order a juvenile offender's parent to participate in any evidence-based program designed to rehabilitate the juvenile, including, but not limited to: (1) Counseling, mediation sessions or an alcohol and drug evaluation and treatment program ordered as part of the juvenile offender's sentence under K.S.A. 38-2361, and amendments thereto; or (2) parenting classes.
(1) Upon entering an order requiring a juvenile offender's parent to attend counseling sessions or mediation, the court shall give the parent notice of the order. The notice shall inform the parent of the parent's right to request a hearing within 14 days after entry of the order and the parent's right to employ an attorney to represent the parent at the hearing or, if the parent is financially unable to employ an attorney, the parent's right to request the court to appoint an attorney to represent the parent.
(2) If the parent does not request a hearing within 14 days after entry of the order, the order shall take effect at that time.
(3) If the parent requests a hearing, the court shall set the matter for hearing and, if requested, shall appoint an attorney to represent the parent. The expense and fees of the appointed attorney may be allowed and assessed as provided by K.S.A. 38-2306, and amendments thereto.
(b) In addition to any other orders provided for by this section, the parent of a juvenile offender may be held responsible for the costs of sanctions or the support of the juvenile offender as follows:
(1) The board of county commissioners of a county may provide by resolution that the parent of any juvenile offender placed under a house arrest program pursuant to subsection (a)(9) of K.S.A. 38-2361, and amendments thereto, shall be required to pay to the county the cost of such house arrest program. The board of county commissioners shall prepare a sliding financial scale based on the ability of the parent to pay for such a program.
(2) If child support has been requested and a parent has a duty to support the juvenile offender, the court may order, and when custody is placed with the commissioner shall order, one or both parents to pay child support. The court shall determine, for each parent separately, whether the parent already is subject to an order to pay support for the juvenile. If the parent currently is not ordered to pay support for the juvenile and the court has personal jurisdiction over the parent, the court shall order the parent to pay child support in an amount determined under K.S.A. 38-2319, and amendments thereto. Except for good cause shown, the court shall issue an immediate income withholding order pursuant to K.S.A. 2021 Supp. 23-3101 et seq., and amendments thereto, for each parent ordered to pay support under this subsection, regardless of whether a payor has been identified for the parent. A parent ordered to pay child support under this subsection shall be notified, at the hearing or otherwise, that the child support order may be registered pursuant to K.S.A. 38-2321, and amendments thereto. The parent also shall be informed that, after registration, the income withholding order may be served on the parent's employer without further notice to the parent and the child support order may be enforced by any method allowed by law. Failure to provide this notice shall not affect the validity of the child support order.
History: L. 2006, ch. 169, § 62; L. 2010, ch. 135, § 53; L. 2012, ch. 162, § 70; L. 2014, ch. 123, § 2; July 1.
Structure Kansas Statutes
Article 23 - Revised Kansas Juvenile Justice Code
38-2301 Citation; goals of the code; policy development.
38-2303 Time limitations for commencement of proceeding.
38-2307 Court-appointed special advocate; immunity from liability; supreme court rules.
38-2308 Local citizen review board; duties and powers.
38-2309 Court records; disclosure; preservation of records.
38-2311 Records of diagnostic, treatment or medical records concerning juveniles; penalties.
38-2312 Expungement of records; docket fee.
38-2313 Fingerprints and photographs.
38-2314 Docket fee; authorized only by legislative enactment; expenses; assessment.
38-2315 Expense of care and custody of juvenile.
38-2317 Infectious disease testing and counseling; disclosure of results; penalties.
38-2318 Determination of parentage.
38-2319 Determination of child support.
38-2320 Journal entry for child support.
38-2321 Withholding order for child support; filing; service.
38-2322 Remedies supplemental not substitute.
38-2323 Placement under juvenile justice code; assignment of support right.
38-2324 Liability of parent or guardian for assistance provided juvenile, exceptions.
38-2325 Juvenile offender information system; definitions.
38-2326 Same; establishment and maintenance.
38-2327 Commencement of proceedings; duties of county or district attorney.
38-2329 Notice of defense of alibi or mental disease or defect.
38-2330 Juvenile taken into custody, when; procedure; release; detention in jail; notice to appear.
38-2331 Criteria for detention of juvenile in detention facility.
38-2333 Juvenile less than 14, admission or confession from interrogation.
38-2336 Proceedings upon filing of complaint.
38-2337 Summons; persons upon whom served; form.
38-2340 Service of other pleadings.
38-2341 Subpoenas and witness fees.
38-2344 First appearance; plea.
38-2346 Immediate intervention programs.
38-2348 Proceedings to determine competency.
38-2349 Same; commitment of incompetent.
38-2350 Same; juvenile not mentally ill person.
38-2353 Hearings; open to the public; restrictions.
38-2357 Jury trials in certain cases.
38-2358 Recorded statement of child victim admissible in certain cases; limitations.
38-2360 Post-adjudication orders and hearings.
38-2361 Sentencing alternatives.
38-2362 Orders relating to parents.
38-2363 Duty of parents and others to aid in enforcement of court orders; failure, contempt.
38-2367 Modification of sentence.
38-2368 Violation of condition of probation or placement.
38-2370 Good time credits; rules and regulations.
38-2371 Departure sentences; hearing; order; findings of fact; limitations.
38-2372 Computation of sentence.
38-2373 Commitment to juvenile correctional facility; transfers.
38-2374 Same; conditional release; procedure; supervision; notification; aftercare services.
38-2375 Same; conditional release; failure to obey; authorized dispositions.
38-2376 Same; discharge from commitment; notification.
38-2377 Notification of pending release; hearing; maximum term of imprisonment.
38-2378 School district involvement in discharge plan.
38-2379 Written notice by county or district attorney.
38-2380 Orders appealable by juvenile; appeal of departure sentence, procedure.
38-2381 Appeals by prosecution.
38-2383 Temporary orders pending appeal; status of orders appealed from.
38-2386 Law enforcement power; special investigators.
38-2387 Application to existing cases.
38-2388 Awarding high school diplomas; requirements.
38-2389 Alternative means of adjudication; exceptions; withdrawal; appeal.
38-2390 Legislative cost study analysis of youth residential centers.
38-2391 Overall case length limits.
38-2393 Multidisciplinary team for failure to comply with immediate intervention plan.
38-2395 Standards for immediate intervention.
38-2396 Reintegration plan for certain juveniles removed from the home.
38-2397 Earned time calculations.
38-2398 Earned discharge for juvenile probationers.
38-2399 Department of corrections contracts for youth residential facility beds.
38-23,100 Community integration programs for juveniles.
38-23,101 Findings to be made on juvenile's first removal from home.