How Long Can the State Keep a Child in Custody While Deciding the Case?
Full Question:
Answer:
A finding that a child subject to this code is a child in need of
care shall be entered without undue delay. If the child has been removed
from the child's home, an order of adjudication shall be entered as soon as
practicable but not more than 60 days from the date of removal unless an
order of informal supervision or an order of continuance for good cause has
been entered.
Please see the following KS statutes:
38-2251. Adjudication.
(a) If the court finds that the child is not a child in need of care, the
court shall enter an order dismissing the proceedings.
(b) If the court finds that the child is a child in need of care, the
court shall enter an order adjudicating the child to be a child in need of
care and may proceed to enter other orders as authorized by this code.
(c) A finding that a child subject to this code is a child in need of
care shall be entered without undue delay. If the child has been removed
from the child's home, an order of adjudication shall be entered as soon as
practicable but not more than 60 days from the date of removal unless an
order of informal supervision or an order of continuance for good cause has
been entered.
38-2205. Right to counsel; guardian ad litem.
(a) Appointment of guardian ad litem and attorney for child; duties. Upon
the filing of a petition, the court shall appoint an attorney to serve as
guardian ad litem for a child who is the subject of proceedings under this
code. The guardian ad litem shall make an independent investigation of the
facts upon which the petition is based and shall appear for and represent
the best interests of the child. When the child's position is not
consistent with the determination of the guardian ad litem as to the
child's best interests, the guardian ad litem shall inform the court of the
disagreement. The guardian ad litem or the child may request the court to
appoint a second attorney to serve as attorney for the child, and the
court, on good cause shown, may appoint such second attorney. The attorney
for the child shall allow the child and the guardian ad litem to
communicate with one another but may require such communications to occur
in the attorney's presence.
(b) Attorney for parent or custodian. A parent of a child alleged or
adjudged to be a child in need of care may be represented by an attorney,
in connection with all proceedings under this code. At the first hearing in
connection with proceedings under this code, the court shall distribute a
pamphlet, designed by the court, to the parents of a child alleged or
adjudged to be a child in need of care, to advise the parents of their
rights in connection with all proceedings under this code.
(1) If at any stage of the proceedings a parent desires but is
financially unable to employ an attorney, the court shall appoint an
attorney for the parent. It shall not be necessary to appoint an attorney
to represent a parent who fails or refuses to attend the hearing after
having been properly served with process in accordance with K.S.A. 2009
Supp. 38-2237, and amendments thereto. A parent or custodian who is not a
minor, a mentally ill person or a disabled person may waive counsel either
in writing or on the record.
(2) The court shall appoint an attorney for a parent who is a minor, a
mentally ill person or a disabled person unless the court determines that
there is an attorney retained who will appear and represent the interests
of the person in the proceedings under this code.
(3) As used in this subsection: (A) "Mentally ill person" shall have the
meaning ascribed thereto in K.S.A. 59-2946, and amendments thereto; and (B)
"disabled person" shall have the meaning ascribed thereto in K.S.A. 77-201,
and amendments thereto.
(c) Attorney for interested parties. A person who, pursuant to K.S.A.
2009 Supp. 38-2241, and amendments thereto, is an interested party in a
proceeding involving a child alleged to be a child in need of care may be
represented by an attorney in connection with all proceedings under this
code. At the first hearing in connection with proceedings under this code,
the court shall distribute a pamphlet, designed by the court, to interested
parties in a proceeding involving a child alleged or adjudged to be a child
in need of care, to advise interested parties of their rights in connection
with all proceedings under this code. It shall not be necessary to appoint
an attorney to represent an interested party who fails or refuses to attend
the hearing after having been properly served with process in accordance
with K.S.A. 2009 Supp. 38-2237, and amendments thereto. If at any stage of
the proceedings a person who is an interested party under subsection (d) of
K.S.A. 2009 Supp. 38-2241, and amendments thereto, desires but is
financially unable to employ an attorney, the court may appoint an attorney
for the interested party.
(d) Continuation of representation. A guardian ad litem appointed to
represent the best interests of a child or a second attorney appointed for
a child as provided in subsection (a), or an attorney appointed for a
parent or custodian shall continue to represent the client at all
subsequent hearings in proceedings under this code, including any appellate
proceedings, unless relieved by the court upon a showing of good cause or
upon transfer of venue.
(e) Fees for counsel. An attorney appointed pursuant to this
section shall be allowed a reasonable fee for services, which may be
assessed as an expense in the proceedings as provided in K.S.A. 2009
Supp. 38-2215, and amendments thereto.
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 designee to prepare and file the petition alleging a
child to be a child in need of care, and to appear at the hearing on the
petition and to present evidence as necessary, at all stages of the
proceedings, that will aid the court in making appropriate decisions. The
county or district attorney or the county or district attorney's designee
shall also have the other duties required by this code. Pursuant to a
written agreement between the secretary and the county or district
attorney, the attorneys for the secretary may perform the duties of the
county or district attorney after disposition has been determined by the
court.
38-2235. Procedure upon filing of petition.
(a) Upon the filing of a petition under this code the court shall proceed
by one of the following methods:
(1) The court shall issue summons pursuant to K.S.A. 2009 Supp. 38-2236,
and amendments thereto, setting the matter for hearing within 30 days of
the date the petition is filed. The summons, with a copy of the petition
attached, shall be served pursuant to K.S.A. 2009 Supp. 38-2237, and
amendments thereto.
(2) If the child has been taken into protective custody under the
provisions of K.S.A. 2009 Supp. 38-2242, and amendments thereto, and a
temporary custody hearing is held as required by K.S.A. 2009 Supp. 38-2243,
and amendments thereto, a copy of the petition shall be served at the
hearing on each party and interested party in attendance and a record of
service made a part of the proceedings. The court shall announce the time
of the next hearing. Process shall be served on any party or interested
party not at the temporary custody hearing pursuant to subsection (a)(1).
Upon the written request of the petitioner or the county or district
attorney, separate or additional summons shall be issued to any party and
interested party.
(b) If the petition requests custody to the secretary, the court shall
cause a copy of the petition to be provided to the secretary upon filing.
38-2246. Continuances.
All proceedings under this code shall be disposed of without unnecessary
delay. Continuances shall not be granted unless good cause is shown.