Kansas Code — 38
Browse 277 sections in division 38 of the Kansas code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 38-101. Period of minority. The period of minority extends in all persons to the age of eighteen (18) years, except that every person sixteen (16)
- § 38-102. Minor bound by contracts, when. Except as otherwise provided in K.S.A. 38-615 through K.S.A. 38-622, and amendments thereto, a minor is bou
- § 38-103. Contracts that may not be disaffirmed. No contract can be thus disaffirmed in cases where, on account of the minor's own misrepresentations
- § 38-104. Payment for personal services. When a contract for the personal service of a minor has been made with him alone, and those services are aft
- § 38-108. District court may confer rights of majority. That the district courts for the several counties in this state shall have authority to confe
- § 38-109. Petition for rights of majority; notice; hearing; decree. Any minor, desiring to obtain the rights of majority for the purposes named in th
- § 38-110. Costs of proceedings under K.S.A. 38-108 to 38-110. The costs of proceedings under this act shall be taxed against the minor petitioner, an
- § 38-111. When minors may be excluded from courtroom during trials or hearings. During the trial of an action or the hearing of any proceeding or exa
- § 38-112. Children's homes; powers of corporations. Any corporation heretofore or hereafter organized under the laws of the state of Kansas having fo
- § 38-115. Same; donations and bequests; appropriations by cities or counties over 30,000. It shall be lawful for such corporation to receive donation
- § 38-116. Same; purchase and sale of property. Said corporation shall have the power to purchase and sell such real and personal property as the boar
- § 38-120. Recovery from parents for malicious or willful acts by certain children; limitations. Any person receiving bodily injury or any person, par
- § 38-122. Consent by parent for surgery and other procedures on child. Any parent, including a parent who is a minor, whether married or unmarried, m
- § 38-123a.
- § 38-123b.
- § 38-123. Consent for medical care of unmarried pregnant minor. Notwithstanding any other provision of the law, an unmarried pregnant minor where no
- § 38-134. Information concerning child provided to foster parent by secretary for children and families
- § 38-135. Definitions; immunization of minor children. As used in this act:(a) "Health care provider" means a person licensed to practice medicine an
- § 38-136. Immunization of minor children; written delegation of consent by parent
- § 38-137. Same; consent for immunization by person other than parent, when
- § 38-138. Healthcare provider to provide information to person consenting to immunization. The responsibility of a health care provider to provide in
- § 38-139. Healthcare provider has immunity if relying on consent
- § 38-140. Consent to immunize under 38-2217 or 38-2316 not affected. The provisions of K.S.A. 38-135 through 38-140 shall not affect authority to con
- § 38-141. Parents' rights to exercise primary control over the upbringing of their children; cause of action
- § 38-142. Grandparents as caregivers act; citation. The provisions of K.S.A. 38-142 through 38-148, and amendments thereto, shall be known and may be
- § 38-143. Same; definitions. As used in the grandparents as caregivers act:(a) "Program" means the grandparents as caregivers program
- § 38-145. Same; eligibility requirements
- § 38-146. Same; eligibility of persons other than grandparent. If there are no grandparents of a child who are willing to participate in the program,
- § 38-148. Same; annual report to the legislature; rules and regulations
- § 38-1518. Fingerprints and photographs
- § 38-1701. Title of act. This act may be cited as the Kansas uniform transfers to minors act.History: L. 1985, ch. 143, § 24; July 1
- § 38-1702. Definitions. In this act:(1) "Adult" means an individual who has attained the age of 21 years
- § 38-1703. Scope and jurisdiction
- § 38-1704. Nomination of custodian
- § 38-1705. Transfer by gift or exercise of power of appointment. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a
- § 38-1706. Transfer authorized by will or trust
- § 38-1707. Transfer in absence of will or trust
- § 38-1708. Transfer by obligor
- § 38-1709. Receipt for custodial property. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for cust
- § 38-1710. Manner of creating custodial property and effecting transfer; designation of initial custodian; control
- § 38-1711. Single custodianship. A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held unde
- § 38-1712. Validity and effect of transfer
- § 38-1713. Care of custodial property
- § 38-1714. Powers of custodian
- § 38-1715. Use of custodial property
- § 38-1716. Custodian's expenses, compensation and bond
- § 38-1717. Exemption of third person from liability. A third person in good faith and without court order may act on the instructions of or otherwise
- § 38-1718. Liability to third persons
- § 38-1719. Renunciation, resignation, death or removal of custodian; designation of successor custodian
- § 38-1720. Accounting by and determination of liability of custodian
- § 38-1721. Termination of custodianship. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's e
- § 38-1722. Applicability. This act applies to a transfer within the scope of K.S.A. 38-1703 made after its effective date if:(1) The transfer purports
- § 38-1723. Effect on existing custodianships
- § 38-1724. Uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the l
- § 38-1725. Severability. If any provisions of this act or its application to any person or circumstance is held invalid, the invalidity does not affec
- § 38-1726. Effect of repeals. To the extent that this act, by virtue of subsection (b) of K.S.A. 38-1723, does not apply to transfers made in a manner
- § 38-1808. Family and children investment fund; family and children trust account, permanent families account, and family and children endowment accou
- § 38-1813. Local citizen review board; duties and powers
- § 38-1816. Corporation for change; abolishment. On July 1, 1997, the corporation for change established by K.S.A. 38-1803 is hereby abolished.History:
- § 38-1817. Family and children trust account transferred to Kansas department for children and families. On and after July 1, 1997:(a) Whenever the co
- § 38-1818. Permanent families account transferred to judicial administrator of the courts. On and after July 1, 1997:(a) Whenever the corporation for
- § 38-1819. Transfer of employees. On and after July 1, 1997:(a) Except as otherwise provided in this act, officers and employees who, immediately prio
- § 38-1820. Conflicts as to power, function or duty to be resolved by governor. On and after July 1, 1997:(a) When any conflict arises as to the dispos
- § 38-1821. Legal custody of records transferred; no abatement of suits, actions or proceedings. On and after July 1, 1997:(a) The Kansas department fo
- § 38-1822. Balance of funds and liabilities transferred. On and after July 1, 1997:(a) The balance of all funds received by the corporation for change
- § 38-1901. Kansas children's cabinet within Kansas office of early childhood; membership and terms; qualifications; substantial interests prohibited;
- § 38-1902. Kansas children's cabinet; authorization to establish a nonprofit corporation to engage in fundraising projects for the Dolly Parton's imag
- § 38-2001. Insurance coverage for children; development of plan; provisions of coverage; powers and duties of the secretary of health and environment;
- § 38-2002. Same; rules and regulations
- § 38-2003. Same; abortion exclusion; "health benefits coverage" defined
- § 38-2004. Same; eligibility for coverage. The secretary in contracting for capitated managed health care for children shall include in the pool of pe
- § 38-2005. Same; contracts. The secretary shall enter into contracts as deemed appropriate to carry out the provisions of this act. Administrative ser
- § 38-2006. Same; duty of secretary to advise and consult. The secretary for children and families shall advise and consult with the secretary of healt
- § 38-2007. Same; report on funding alternatives and performance. For the purpose of financially empowering parents to choose a health plan for a child
- § 38-2009. Kansas insurance coverage for children fund, credits, expenditures
- § 38-2010. Severability. If any provision or clause of this act or application thereof to any person or circumstances is held invalid, such invalidity
- § 38-2101. Kansas endowment for youth fund; tobacco litigation settlement agreement proceeds, disposition; investment, management and administration o
- § 38-2102. Children's initiatives fund; purposes; requirements for funded programs; transfers from Kansas endowment for youth fund, adjustments for in
- § 38-2103. Duties concerning children's initiatives fund; reviews, assessments and evaluations of uses of moneys; audits; children's initiatives accou
- § 38-2104. Management and investment of Kansas endowment for youth fund and family and children endowment account of the family and children investmen
- § 38-2105. Reports to governor and legislature, actual and estimated receipts and investment earnings to Kansas endowment for youth fund. The board of
- § 38-2201a.
- § 38-2201. Citation; construction of code; policy of state. K.S.A. 38-2201 through 38-2283, and amendments thereto, shall be known as and may be cited
- § 38-2202. Definitions. As used in the revised Kansas code for care of children, unless the context otherwise indicates:(a) "Abandon" or "abandonment"
- § 38-2203. Jurisdiction; application of the Indian child welfare act; age of child, presumptions; precedence of certain orders; provision of services
- § 38-2204. Venue
- § 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 authorized to exchange information. To facilitate investigation and ensure the provision of necessary services to children who may
- § 38-2211. Access to official and social file; preservation of records
- § 38-2212. Appropriate and necessary access; exchange of information; court ordered disclosure; limited public information; release of information pur
- § 38-2213. Records of law enforcement agencies; limited disclosure; exchange of information; access; court ordered disclosure
- § 38-2214. Duties of county or district attorney. It shall be the duty of the county or district attorney or the county or district attorney's designe
- § 38-2215. Docket fee; authorized only by legislative enactment; expenses; assessment
- § 38-2216. Expense of care and custody of child
- § 38-2217. Health services
- § 38-2218. Educational decisions; educational advocates for exceptional children
- § 38-2219. Evaluation of development or needs of child
- § 38-2220. Parentage
- § 38-2221. Fingerprints and photographs
- § 38-2222. Public information and educational program; reporting of suspected abuse or neglect. The secretary shall conduct a continuing public inform
- § 38-2223. Reporting of certain abuse or neglect of children; persons required to report; reports, made to whom; penalties; immunity from liability
- § 38-2224. Same; employer prohibited from imposing sanctions on employee making report or cooperating in investigation; penalty
- § 38-2225. Same; reporting of certain abuse or neglect of children in institutions operated by the secretary; rules and regulations. The secretary sha
- § 38-2226a.
- § 38-2226. Investigation of reports; coordination and cooperation between agencies; visual observation and evaluation referral requirements
- § 38-2227. Child advocacy centers; requirements, duties, provision of services
- § 38-2228. Multidisciplinary team. The court on its own motion or upon request may, at any time, appoint a multidisciplinary team to assist in gatheri
- § 38-2229. Investigation of abuse or neglect; subpoena; request to quash
- § 38-2233. Filing of petition on referral by the department for children and families or other person; filing by individual
- § 38-2234. Pleadings
- § 38-2235. Procedure upon filing of petition
- § 38-2236. Summons; persons to be served; notice of hearing
- § 38-2237. Service of process. Summons, notice of hearings and other process may be served by one of the following methods:(a) Personal and residence
- § 38-2238. Proof of service. Proof of service shall be made as follows:(a) Personal or residential service
- § 38-2239. Service of other pleadings
- § 38-2240. Subpoenas; witness fees
- § 38-2241. Additional parties
- § 38-2242. Ex parte orders of protective custody; application; determination of probable cause; period of time; placement; procedures; orders for remo
- § 38-2243. Orders of temporary custody; notice; hearing; procedure; findings; placement; orders for removal of child from custody of parent, limitatio
- § 38-2244. Order for informal supervision; restraining orders
- § 38-2245. Discovery
- § 38-2246. Continuances. All proceedings under this code shall be disposed of without unnecessary delay. Continuances shall not be granted unless good
- § 38-2247. Attendance at proceedings; confidentiality
- § 38-2248. Stipulations and no contest statements
- § 38-2249. Rules of evidence
- § 38-2250. Degree of proof. The petitioner must prove by clear and convincing evidence that the child is a child in need of care.History: L. 2006, ch.
- § 38-2251. Adjudication
- § 38-2252. Predispositional alternative; placement with person other than child's parent; conference; recommendations; immunity
- § 38-2253. Dispositional hearing; purpose; time
- § 38-2254. Same; notice
- § 38-2255. Authorized dispositions; prohibitions
- § 38-2256. Rehearing. After the entry of any dispositional order, the court may rehear the matter on its own motion or the motion of a party or intere
- § 38-2257. Permanency planning at disposition. If a child is placed outside the child's home at the dispositional hearing and no permanency plan is ma
- § 38-2258. Change of placement; notice; opportunity for hearing; removal from home of parent, findings by court
- § 38-2259. Emergency change of placement; removal from home of parent, findings of court
- § 38-2261. Reports made by foster parents and kinship caregivers. The secretary shall notify the foster parent or kinship caregivers that the foster p
- § 38-2262. Placement; testimony of certain children. At any hearing under the code, the court, if requested by the child, shall allow the child to add
- § 38-2264. Permanency hearing; purpose; procedure and requirements; time for hearing; authorized orders
- § 38-2272a.
- § 38-2272. Appointment of permanent custodian
- § 38-2273. Appeals; procedure; verification; continuing jurisdiction
- § 38-2274. Temporary orders pending appeal; status of orders appealed from
- § 38-2275. Fees and expenses
- § 38-2276. Prohibiting detainment or placement of child in jail. No child under 18 years of age shall be detained or placed in any jail pursuant to th
- § 38-2277. Determination of child support
- § 38-2278. Journal entry for child support. When child support is ordered pursuant to the code, a separate journal entry or judgment form shall be mad
- § 38-2279. Withholding order for child support; filing; service; jurisdiction; consolidation with child in need of care case; modification
- § 38-2280. Remedies supplemental not substitute. The remedies provided in this code with respect to child support are in addition to and not in substi
- § 38-2281. Family services and community intervention fund; child in need of care, purpose of expenditure of moneys. There is hereby established in th
- § 38-2282. Newborn infant protection act; surrender to a person or newborn safety device; immunity from liability; notice of relinquishment; required
- § 38-2283. Application to existing cases
- § 38-2284. Precedence of certain orders issued under revised Kansas code for care of children and revised Kansas juvenile justice code. Any order issu
- § 38-2285. Awarding high school diplomas; requirements
- § 38-2286. Child removed from custody of parent, substantial consideration of grandparent
- § 38-2287. Child in custody, victim of certain conduct; special assessment to determine safety, placement and treatment needs
- § 38-2288. CINC placement in a juvenile detention facility
- § 38-2289. Child in custody, victim of certain conduct; reporting of information
- § 38-2290. Child with sexual behavior problems; referral to mental health provider; additional services
- § 38-2291. Qualified residential treatment program placement; required notices; court determinations
- § 38-2292. Risk and needs assessment for children exhibiting juvenile offender behavior
- § 38-2293. Prohibiting the secretary from adopting policies requiring certain religious or moral beliefs; retention of authority of secretary in certa
- § 38-2301. Citation; goals of the code; policy development. This act shall be known and may be cited as the revised Kansas juvenile justice code. The
- § 38-2302. Definitions. As used in this code, unless the context otherwise requires:(a) "Commissioner" means the secretary of corrections or the secre
- § 38-2303. Time limitations for commencement of proceeding
- § 38-2304. Jurisdiction; presumption of age of juvenile; continued placement as a child in need of care; eligibility for services, collaboration; prec
- § 38-2305. Venue
- § 38-2306. Right to an attorney
- § 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
- § 38-2310. Records of law enforcement officers, agencies and municipal courts concerning certain juveniles; disclosure
- § 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
- § 38-2316. Health services
- § 38-2317. Infectious disease testing and counseling; disclosure of results; penalties
- § 38-2318. Determination of parentage. When there is a dispute with respect to parentage, the court may stay child support proceedings, if any are pen
- § 38-2319. Determination of child support
- § 38-2320. Journal entry for child support. When child support is ordered pursuant to the revised Kansas juvenile justice code, a separate journal ent
- § 38-2321. Withholding order for child support; filing; service
- § 38-2322. Remedies supplemental not substitute. The remedies provided in this code with respect to child support are in addition to and not in substi
- § 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. As used in K.S.A. 38-2326, and amendments thereto, unless the context otherwise requires
- § 38-2326. Same; establishment and maintenance
- § 38-2327. Commencement of proceedings; duties of county or district attorney. An action under this code shall be commenced by filing a verified compl
- § 38-2328. Pleadings
- § 38-2329. Notice of defense of alibi or mental disease or defect. A juvenile whose defense to the allegations in the complaint is that of alibi or me
- § 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
- § 38-2332. Prohibiting placement or detention of juvenile in jail; exceptions; review of records and determination of compliance by the department of
- § 38-2333. Juvenile less than 14, admission or confession from interrogation
- § 38-2336. Proceedings upon filing of complaint. Upon the filing of a complaint under this code, the court shall proceed by one of the following metho
- § 38-2337. Summons; persons upon whom served; form
- § 38-2338. Service of process
- § 38-2339. Proof of service. Proof of service shall be made as follows:(a) Personal or residential service
- § 38-2340. Service of other pleadings
- § 38-2341. Subpoenas and witness fees
- § 38-2342. Issuance of warrants. The court may issue a warrant commanding the juvenile be taken into custody if there is probable cause to believe: (a
- § 38-2343. Detention hearing; waiver; notice; attorney for juvenile; procedure; removal from custody of parent; audio-video communications; detention
- § 38-2344. First appearance; plea
- § 38-2345. Nolo contendere. A plea of nolo contendere is a formal declaration that the juvenile does not contest the charge. When a plea of nolo conte
- § 38-2346. Immediate intervention programs
- § 38-2347. Prosecution as an adult; extended jurisdiction juvenile prosecution; burden of proof; authorization
- § 38-2348. Proceedings to determine competency
- § 38-2349. Same; commitment of incompetent
- § 38-2350. Same; juvenile not mentally ill person
- § 38-2351. Duty of parents and others to appear at all proceedings involving alleged juvenile offender; failure, contempt
- § 38-2352. Time of hearing. All cases filed under the code shall be heard without unnecessary delay. Continuances may be granted to either party for g
- § 38-2353. Hearings; open to the public; restrictions
- § 38-2354. Rules of evidence. Except as provided in K.S.A. 38-2343 and 38-2360, and amendments thereto, the rules of evidence of the code of civil pro
- § 38-2355. Degree of proof. In all proceedings on complaints pursuant to the code the state must prove beyond a reasonable doubt that the juvenile com
- § 38-2356. Adjudication
- § 38-2357. Jury trials in certain cases
- § 38-2358. Recorded statement of child victim admissible in certain cases; limitations
- § 38-2359. Record by electronic means of testimony of child victim admissible in certain cases, limitations; objections; restrictions
- § 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. A parent, or adult with whom a juvenile resides, may b
- § 38-2364. Extended jurisdiction juvenile prosecution; violating conditions of stayed juvenile sentence; hearing
- § 38-2365. Juvenile offender placed in custody of commissioner; placement; permanency plan; progress report to court; hearing; notification; terminati
- § 38-2366. Juvenile offenders in custody of department of corrections; placement; notification to court; detainment; prohibition on admittance to juve
- § 38-2367. Modification of sentence
- § 38-2368. Violation of condition of probation or placement. If it is alleged that a juvenile offender has violated a condition of probation or of a c
- § 38-2369. Sentencing juvenile offenders; placement matrix; placements based on offense committed; aftercare term
- § 38-2370. Good time credits; rules and regulations
- § 38-2371. Departure sentences; hearing; order; findings of fact; limitations
- § 38-2372. Computation of sentence. In any action pursuant to the revised Kansas juvenile justice code in which the juvenile is adjudicated upon a ple
- § 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. If it is alleged that a juvenile offender who has been conditionally r
- § 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. The commissioner and the school district in which a juvenile offender will be residing shall
- § 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
- § 38-2382. Appeals; procedure
- § 38-2383. Temporary orders pending appeal; status of orders appealed from
- § 38-2384. Fees and expenses. When an appeal is taken pursuant to this code, fees of an attorney appointed to represent the juvenile offender shall be
- § 38-2385. Certification of juvenile corrections officers; basic course of instruction; in-service training
- § 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
- § 38-2392. Community-based graduated responses for technical violations of probation, violations of conditional release and violations of a condition
- § 38-2393. Multidisciplinary team for failure to comply with immediate intervention plan
- § 38-2394. Training for individuals working with juveniles adjudicated or participating in an immediate intervention
- § 38-2395. Standards for immediate intervention
- § 38-2396. Reintegration plan for certain juveniles removed from the home
- § 38-2397. Earned time calculations. For purposes of determining a release date of a juvenile offender from custody of the secretary of corrections, t
- § 38-2398. Earned discharge for juvenile probationers
- § 38-2399. Department of corrections contracts for youth residential facility beds
- § 38-23,100.
- § 38-23,101.
- § 38-23,102.
- § 38-2401. Citation of act. K.S.A. 38-2401 through 38-2405, and amendments thereto, shall be known and may be cited as the host families act.History:
- § 38-2402. Definitions. As used in the host families act:(a) "Charitable organization" has the same meaning as defined in K.S.A. 17-1760, and amendmen
- § 38-2403. Establishment of host family programs
- § 38-2404. Recommendation of programs and services to families during investigations. During any child protective investigation by the Kansas departme
- § 38-2405. Detailing community resources available to families in crisis. The Kansas department for children and families is hereby authorized to work
- § 38-2501. Citation of act. The provisions of K.S.A. 2025 Supp. 38-2501 through 38-2507, and amendments thereto, shall be known and may be cited as th
- § 38-2502. Definitions. As used in this act:(a) "Act" means the adoption savings account act
- § 38-2503. Designation of adoption savings account; designated beneficiary; contribution limits; responsibilities of account holder; survivorship inte
- § 38-2504. Use of account moneys; withdrawals; subject to recapture, when; penalty
- § 38-2505. Annual reporting; forms; rules and regulations
- § 38-2506. Actions that are not a requirement of nor the responsibility or liability of financial institutions; determining a payable on death benefic
- § 38-2507. Nonexclusive authority to market the adoption savings account program by the state treasurer. The state treasurer may have nonexclusive aut