Session of 1999
         
HOUSE BILL No. 2377
         
By Committee on Judiciary
          
2-10
          
  9             AN  ACT concerning the juvenile intake and assessment system; relating
10             to statements made by juveniles; amending K.S.A. 75-7023 and re-
11             pealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 75-7023 is hereby amended to read as follows: 75-
15       7023. (a) The supreme court through administrative orders shall provide
16       for the establishment of a juvenile intake and assessment system and for
17       the establishment and operation of juvenile intake and assessment pro-
18       grams in each judicial district. On and after July 1, 1997, the secretary of
19       social and rehabilitation services may contract with the commissioner of
20       juvenile justice to provide for the juvenile intake and assessment system
21       and programs for children in need of care. Except as provided further,
22       on and after July 1, 1997, the commissioner of juvenile justice shall prom-
23       ulgate rules and regulations for the juvenile intake and assessment system
24       and programs concerning juvenile offenders. If the commissioner con-
25       tracts with the office of judicial administration to administer the juvenile
26       intake and assessment system and programs concerning juvenile offend-
27       ers, the supreme court administrative orders shall be in force until such
28       contract ends and the rules and regulations concerning juvenile intake
29       and assessment system and programs concerning juvenile offenders have
30       been adopted.
31             (b) Except as otherwise provided in this subsection, no records, re-
32       ports and information obtained as a part of the juvenile intake and as-
33       sessment process may be admitted into evidence in any proceeding and
34       may not be used in a child in need of care proceeding except for diagnostic
35       and referral purposes and by the court in considering dispositional alter-
36       natives. However, Statements made by a juvenile may be admitted for
37       impeachment purposes at a dispositional proceeding or may be admitted
38       against a third person. If the records, reports or information are in regard
39       to abuse or neglect, which is required to be reported under K.S.A. 38-
40       1522, and amendments thereto, such records, reports or information may
41       then be used for any purpose in a child in need of care proceeding pur-
42       suant to the Kansas code for care of children.
43             (c) Upon a juvenile being taken into custody pursuant to K.S.A. 38-

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  1       1624, and amendments thereto, a juvenile intake and assessment worker
  2       shall complete the intake and assessment process as required by supreme
  3       court administrative order or district court rule prior to July 1, 1997, or
  4       except as provided above rules and regulations established by the com-
  5       missioner of juvenile justice on and after July 1, 1997.
  6             (d) In addition to any other information required by the supreme
  7       court administrative order, the secretary, the commissioner or by the
  8       district court of such district, the juvenile intake and assessment worker
  9       shall collect the following information:
10             (1) A standardized risk assessment tool, such as the problem oriented
11       screening instrument for teens;
12             (2) criminal history, including indications of criminal gang
13       involvement;
14             (3) abuse history;
15             (4) substance abuse history;
16             (5) history of prior community services used or treatments provided;
17             (6) educational history;
18             (7) medical history; and
19             (8) family history.
20             (e) After completion of the intake and assessment process for such
21       child, the intake and assessment worker may:
22             (1) Release the child to the custody of the child's parent, other legal
23       guardian or another appropriate adult if the intake and assessment worker
24       believes that it would be in the best interest of the child and it would not
25       be harmful to the child to do so.
26             (2) Conditionally release the child to the child's parent, other legal
27       guardian or another appropriate adult if the intake and assessment worker
28       believes that if the conditions are met, it would be in the child's best
29       interest to release the child to such child's parent, other legal guardian
30       or another appropriate adult; and the intake and assessment worker has
31       reason to believe that it might be harmful to the child to release the child
32       to such child's parents, other legal guardian or another appropriate adult
33       without imposing the conditions. The conditions may include, but not be
34       limited to:
35             (A) Participation of the child in counseling;
36             (B) participation of members of the child's family in counseling;
37             (C) participation by the child, members of the child's family and other
38       relevant persons in mediation;
39             (D) provision of inpatient treatment for the child;
40             (E) referral of the child and the child's family to the secretary of social
41       and rehabilitation services for services and the agreement of the child and
42       family to accept and participate in the services offered;
43             (F) referral of the child and the child's family to available community

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  1       resources or services and the agreement of the child and family to accept
  2       and participate in the services offered;
  3             (G) requiring the child and members of the child's family to enter
  4       into a behavioral contract which may provide for regular school attend-
  5       ance among other requirements; or
  6             (H) any special conditions necessary to protect the child from future
  7       abuse or neglect.
  8             (3) Deliver the child to a shelter facility or a licensed attendant care
  9       center along with the law enforcement officer's written application. The
10       shelter facility or licensed attendant care facility shall then have custody
11       as if the child had been directly delivered to the facility by the law en-
12       forcement officer pursuant to K.S.A. 38-1528, and amendments thereto.
13             (4) Refer the child to the county or district attorney for appropriate
14       proceedings to be filed or refer the child and family to the secretary of
15       social and rehabilitation services for investigations in regard to the
16       allegations. 
17       Sec.  2. K.S.A. 75-7023 is hereby repealed.
18        Sec.  3. This act shall take effect and be in force from and after its
19       publication in the statute book.