Kansas Statutes 38-2231. Child under 18, when law enforcement officers or court services officers may take into custody; sheltering a runaway
Terms Used In Kansas Statutes 38-2231
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(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 the officer:
(1) Reasonably believes the child will be harmed if not immediately removed from the place or residence where the child has been found;
(2) 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;
(3) reasonably believes the child is a victim of human trafficking, aggravated human trafficking or commercial sexual exploitation of a child; or
(4) reasonably believes the child is experiencing a behavioral health crisis and is likely to cause harm to self or others.
(c) (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 (b), 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.
(d) Except as provided in subsections (a) and (b), a law enforcement officer may temporarily detain and assume temporary custody of any child subject to compulsory school attendance, pursuant to Kan. Stat. Ann. § 72-3120, and amendments thereto, during the hours school is actually in session and shall deliver the child pursuant to Kan. Stat. Ann. § 38-2232(g), and amendments thereto.