Chapter 229

HOUSE BILL No. 2900 (Amended by Chapter 242)

An Act concerning juveniles; amending K.S.A. 10-1208, 16-204, 20-302b, 20-1204a, 20- 1204a, as amended by section 17 of this bill, 21-2511, 21-3413, 21-3611, 21-3612, 21- 3826, 22-4701, 28-170, 28-170a, 28-172b, 38-1506, 38-1507, 38-1507b, 38-1508, 38- 1522, 38-1562, 38-1569, 38-1601, 38-1604, 38-1605, 38-1609, 38-1610, 38-1613, 38-1614, 38-1617, 38-1617, as amended by section 56 of this bill, 38-1618, 38-1618, as amended by section 58 of this bill, 38-1622, 38-1624, 38-1624, as amended by section 61 of this bill, 38-1626, 38-1632, 38-1633, 38-1636, 38-1637, 38-1638, 38-1639, 38-1640, 38-1653, 38-1656, 38-1657, 38-1658, 38-1661, 38-1662, 38-1665, 38-1666, 38-1672, 38- 1674, 38-1681, 38-1682, 38-1691, 38-16,111, 38-16,116, 38-16,117, 38-16,118, 38- 16,119, 38-16,120, 39-713c, 39-1301, 39-1302, 39-1303, 39-1307, 40-1909, 60-460, 65-525, 65-1626, 72-978, 72-1111, 74-5344, 74-5363, 76-2101, 76-2101a, 76-2101b, 76- 2111, 76-2112, 76-2125, 76-2128, 76-2201, 76-2201a, 76-2219 and 76-2220 and K.S.A. 1995 Supp. 8-237, 38-1502, 38-1528, 38-1602, 38-1602, as amended by section 40 of this bill, 38-1606a, 38-1607, 38-1607, as amended by section 45 of this bill, 38-1608, 38- 1608, as amended by section 47 of this bill, 38-1611, 38-1616, 38-1616, as amended by section 54 of this bill, 38-1635, 38-1641, 38-1652, 38-1655, 38-1663, 38-1664, 38-1668, 38-1671, 38-1673, 38-1675, 38-1676, 38-1677, 38-1692, 38-1813, 39-708c, 40-19a10, 40- 19b10, 40-19c09, 40-19d10, 41-727, 65-516, 72-962, 72-1113, 74-7335, 74-8810, 74- 9501, 75-3765, 75-5206, 75-5220, 75-5229, 75-7001, 75-7002, 75-7008, 75-7009, 76-375, 76-381, 76-12a21 and 76-12a25 and repealing the existing sections; also repealing K.S.A. 38-1507a, 38-16,112, 75-3335, 75-3335a, 75-3336, 75-3336a, 76-12a18, 76-12a19, 76- 25,1,8,9]2210 and 76-2211 and K.S.A. 1995 Supp. 76-12a20 and 76-12a21, as amended by section 138 of this bill.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. This act shall be known and may be cited as the juvenile justice reform act of 1996.

Sec. 2. On and after July 1, 1997, K.S.A. 38-1601 is hereby amended to read as follows: 38-1601. ~~K.S.A. 38-1601 through 38-1685~~ Article 16 of chapter 38 of the Kansas Statutes Annotated and sections 8, 9 and 16, and amendments thereto, shall be known and may be cited as the Kansas juvenile ~~offenders~~ justice code and shall be liberally construed to the end that each juvenile coming within its provisions shall receive the care, custody, guidance, control and discipline, preferably in the juvenile's own home, as will best serve the juvenile's rehabilitation and the protection of society. The primary goal of the juvenile justice code is to promote public safety, hold juvenile offenders accountable for such juvenile's be- havior and improve the ability of juveniles to live more productively and responsibly in the community. To accomplish this goal, juvenile justice policies developed pursuant to the Kansas juvenile justice code shall be designed to: (a) Protect public safety; (b) recognize that the ultimate so- lutions to juvenile crime lie in the strengthening of families and educa- tional institutions, the involvement of the community and the implemen- tation of effective prevention and early intervention programs; (c) be community based to the greatest extent possible; (d) be family centered when appropriate; (e) facilitate efficient and effective cooperation, coor- dination and collaboration among agencies of the local, state and federal government; (f) be outcome based, allowing for the effective and accurate assessment of program performance; (g) be cost-effectively implemented and administered to utilize resources wisely; (h) encourage the recruit- ment and retention of well-qualified, highly trained professionals to staff all components of the system; (i) appropriately reflect community norms and public priorities; and (j) encourage public and private partnerships to address community risk factors.

New Sec. 3. On and after July 1, 1997, in addition to other powers and duties provided by law, in administering the provisions of the juvenile justice code, the commissioner of juvenile justice shall:

(a) Establish the following divisions in the juvenile justice authority:

(1) Operations. The commissioner shall oversee the juvenile intake and assessment system as it relates to the juvenile offender; provide tech- nical assistance and help facilitate community collaboration; license ju- venile correctional facilities, programs and providers; assist in coordinat- ing a statewide system of community based service providers; establish pilot projects for community based service providers; and operate the juvenile correctional facilities.

(2) Research. The commissioner shall generate, analyze and utilize data to review existing programs and identify effective prevention pro- grams; to develop new program initiatives and restructure existing pro- grams; and to assist communities in risk assessment and effective resource utilization.

(3) Contracts. The commissioner shall secure the services of direct providers by contracting with such providers, which may include non- profit, private or public agencies, to provide functions and services needed to operate the juvenile justice authority. The commissioner shall contract with local service providers, when available, to provide 24-hour- a-day intake and assessment services. Nothing provided for herein shall prohibit local municipalities, through interlocal agreements, from corrob- orating with and participating in the intake and assessment services es- tablished in section 7 and amendments thereto.

(4) Performance audit. The commissioner shall randomly audit con- tracts to determine that service providers are performing as required pur- suant to the contract.

(b) Adopt rules and regulations necessary for the administration of this act.

(c) Administer all state and federal funds appropriated to the juvenile justice authority and may coordinate with any other agency within the executive branch expending funds appropriated for juvenile justice.

(d) Administer the development and implementation of a juvenile justice information system.

(e) Administer the transition to and implementation of juvenile jus- tice system reforms.

(f) Coordinate with the judicial branch of state government any duties and functions which effect the juvenile justice authority.

(g) Serve as a resource to the legislature and other state policymakers.

(h) Make and enter into all contracts and agreements and do all other acts and things necessary or incidental to the performance of functions and duties and the execution of powers under this act.

(i) Accept custody of juvenile offenders so placed by the court.

(j) Assign juvenile offenders placed in the commissioner's custody to juvenile correctional facilities based on information collected by the re- ception and diagnostic evaluation, intake and assessment report, pursuant to section 7 and the predispositional investigation report, pursuant to K.S.A. 38-1661, and amendments thereto.

(k) Establish and utilize a reception and diagnostic evaluation for all juvenile offenders to be evaluated prior to placement in a juvenile cor- rectional facility.

(l) Assist the judicial districts in establishing community based place- ment options, community corrections services and aftercare transition services for juvenile offenders.

(m) Review, evaluate and restructure the programmatic mission and goals of the juvenile correctional facilities to accommodate greater spe- cialization for each facility.

(n) Adopt rules and regulations as are necessary to encourage the sharing of information between individuals and agencies who are involved with the juvenile. New Sec. 4. On and after July 1, 1997, the commissioner shall ap- point the superintendents of the juvenile correctional facility at Atchison, the juvenile correctional facility at Beloit and the juvenile correctional facility at Topeka and the directors of the juvenile correctional facility at Larned and the juvenile correctional facility at Osawatomie. Superinten- dents and directors shall be in the unclassified service under the Kansas civil service act. A superintendent or director may be removed at any time by the commissioner. Each superintendent and director shall receive an annual salary fixed by the commissioner, with the approval of the gover- nor. The commissioner may appoint an acting superintendent for any institution which has a superintendent or an acting director for each in- stitution which has a director to serve temporarily until a vacancy is filled. Acting superintendents and directors shall have the same powers, duties and functions as superintendents and directors. New Sec. 5. On and after July 1, 1997, subject to K.S.A. 1995 Supp. 75-7003, and amendments thereto, employees of each institution shall be appointed by the superintendent or director of the institution. All em- ployees so appointed shall be in the classified service under the Kansas civil service act, except physicians who shall be in the unclassified service under the Kansas civil service act and as provided in K.S.A. 75-2935, and amendments thereto, or any other statute. New Sec. 6. On and after July 1, 1997:

(a) All jurisdiction, powers, functions and duties relating to institu- tions as defined in K.S.A. 38-1602, and amendments thereto, are con- ferred and imposed upon the commissioner to be administered within the juvenile justice authority as provided by this act.

(b) The commissioner may adopt rules and regulations for the gov- ernment, regulation and operation of institutions. The commissioner may adopt rules and regulations relating to all persons admitted to institutions.

(c) The commissioner may enter into an educational services contract with a unified school district, another public educational services provider or a private educational services provider for an institution pursuant to competitive bids or by negotiation as determined by the commissioner. Each such educational services contract is exempt from the competitive bid requirements of K.S.A. 75-3739, and amendments thereto.

(d) The commissioner shall not issue a pass, furlough or leave to any juvenile placed in an institution except as needed for such juvenile to obtain medical services or to reintegrate such juvenile into the commu- nity. If any juvenile is issued a pass, furlough or leave, such juvenile shall be accompanied by a staff member or other designated adult.

(e) The commissioner shall implement an institutional security plan designed to prevent escapes and to prohibit contraband and unauthorized access to the institution and, within the limits of appropriations, construct perimeter fencing as required by the institutional security plan.

(f) The commissioner, by rules and regulations, shall establish a rigid grooming code and shall issue uniforms to juvenile offenders in an insti- tution. [aw New Sec. 7. (a) The supreme court through administrative orders shall provide for the establishment of a juvenile intake and assessment system and for the establishment and operation of juvenile intake and assessment programs in each judicial district. On and after July 1, 1997, the secretary of social and rehabilitation services may contract with the commissioner of juvenile justice to provide for the juvenile intake and assessment system and programs for children in need of care. On and after July 1, 1997, the commissioner of juvenile justice shall promulgate rules and regulations for the juvenile intake and assessment system and programs concerning juvenile offenders.

(b) No records, reports and information obtained as a part of the juvenile intake and assessment process may be admitted into evidence in any proceeding and may not be used in a child in need of care proceeding except for diagnostic and referral purposes and by the court in considering dispositional alternatives. However, if the records, reports or information are in regard to abuse or neglect, which is required to be reported under K.S.A. 38-1522, and amendments thereto, such records, reports or infor- mation may then be used for any purpose in a child in need of care proceeding pursuant to the Kansas code for care of children.

(c) Upon a juvenile being taken into custody pursuant to K.S.A. 38- 1624, and amendments thereto, a juvenile intake and assessment worker shall complete the intake and assessment process as required by supreme court administrative order or district court rule prior to July 1, 1997, or rules and regulations established by the commissioner of juvenile justice on and after July 1, 1997.

(d) In addition to any other information required by the supreme court administrative order, the secretary, the commissioner or by the district court of such district, the juvenile intake and assessment worker shall collect the following information:

(1) A standardized risk assessment tool, such as the problem oriented screening instrument for teens;

(2) criminal history, including indications of criminal gang involve- ment;

(3) abuse history;

(4) substance abuse history;

(5) history of prior community services used or treatments provided;

(6) educational history;

(7) medical history; and

(8) family history.

(e) After completion of the intake and assessment process for such child, the intake and assessment worker may:

(1) Release the child to the custody of the child's parent or other legal guardian if the intake and assessment worker believes that it would be in the best interest of the child and it would not be harmful to the child to do so.

(2) Conditionally release the child to the child's parent or other legal guardian if the intake and assessment worker believes that if the condi- tions are met, it would be in the child's best interest to release the child to such child's parent or other legal guardian; and the intake and assess- ment worker has reason to believe that it might be harmful to the child to release the child to such child's parents or other legal guardian without imposing the conditions. The conditions may include, but not be limited to:

(A) Participation of the child in counseling;

(B) participation of members of the child's family in counseling;

(D) provision of inpatient treatment for the child;

(E) referral of the child and the child's family to the secretary of social and rehabilitation services for services and the agreement of the child and family to accept and participate in the services offered;

(F) referral of the child and the child's family to available community resources or services and the agreement of the child and family to accept and participation the services offered;

(G) requiring the child and members of the child's family to enter into a behavioral contract which may provide for regular school atten- dance among other requirements; or

(H) any special conditions necessary to protect the child from future abuse or neglect.

(3) Deliver the child to a shelter facility or a licensed attendant care center along with the law enforcement officer's written application. The shelter facility or licensed attendant care facility shall then have custody as if the child had been directly delivered to the facility by the law en- forcement officer pursuant to K.S.A. 38-1528, and amendments thereto.

(4) Refer the child to the county or district attorney for appropriate proceedings to be filed or refer the child and family to the secretary of social and rehabilitation services for investigations in regard to the alle- gations. New Sec. 8. On and after July 1, 1997: (a) If an extended jurisdiction juvenile prosecution results in a guilty plea or finding of guilt, the court shall:

(1) Impose one or more juvenile sentences under K.S.A. 38-1663, and amendments thereto; and

(2) impose an adult criminal sentence, the execution of which shall be stayed on the condition that the juvenile offender not violate the pro- visions of the juvenile sentence and not commit a new offense.

(b) When it appears that a person convicted as an extended jurisdic- tion juvenile has violated the conditions of the stayed adult sentence, the court, without notice, may revoke the stay and probation and direct that the juvenile offender be taken into immediate custody. The court shall notify the juvenile offender and such juvenile offender's attorney of rec- ord, in writing by certified mail, return receipt requested, of the reasons alleged to exist for revocation of the stay of execution of the adult sen- tence. If the juvenile offender challenges the reasons, the court shall hold a hearing on the issue at which the juvenile offender is entitled to be heard and represented by counsel. After the hearing, if the court finds that reasons exist to revoke the stay of execution of the juvenile sentence, the court shall treat the juvenile offender as an adult and order any of the adult sanctions authorized by K.S.A. 21-4603d, and amendments thereto.

(c) Any juvenile who has been sentenced pursuant to subsection (a) and is serving the juvenile sentence, upon becoming 18 years of age, such juvenile is allowed a court hearing to review such juvenile sentence. If such juvenile sentence is continued, the court shall set a date of further review in no later than 36 months.

(d) This section shall be part of and supplemental to the Kansas ju- venile justice code. New Sec. 9. On and after July 1, 1997:

(a) In any case in which the commissioner pays for the expenses of care and custody of a child pursuant to K.S.A. 38-1601 et seq., and amend- ments thereto, an assignment of all past, present and future support rights of the child in custody possessed by either parent or other person entitled to receive support payments for the child is, by operation of law, conveyed to the commissioner. Such assignment shall become effective upon place- ment of a child in the custody of the commissioner or upon payment of the expenses of care and custody of a child by the commissioner without the requirement that any document be signed by the parent or other person entitled to receive support payments for the child. When the com- missioner pays for the expenses of care and custody of a child or a child is placed in the custody of the commissioner, the parent or other person entitled to receive support payments for the child is also deemed to have appointed the commissioner, or the commissioner's designee, as attorney in fact to perform the specific act of negotiating and endorsing all drafts, checks, money orders or other negotiable instruments representing sup- port payments received by the commissioner on behalf of the child. This limited power of attorney shall be effective from the date the assignment to support rights becomes effective and shall remain in effect until the assignment of support rights has been terminated in full.

(b) If an assignment of support rights is deemed to have been made pursuant to subsection (a), support payments shall be made to the juvenile justice authority.

(c) If a court has ordered support payments to be made to an appli- cant for or recipient of financial assistance or other person whose support rights are assigned, the commissioner shall file a notice of the assignment with the court ordering the payments without the requirement that a copy of the notice be provided to the obligee or obligor. The notice shall not require the signature of the applicant, recipient or obligee on any accom- panying assignment document. The notice shall include:

(1) A statement that the assignment is in effect;

(2) the name of any child and the caretaker or other adult for whom support has been ordered by the court;

(3) the number of the case in which support was ordered; and

(4) a request that the payments ordered be made to the commissioner of juvenile justice.

(d) Upon receipt of the notice and without the requirement of a hear- ing or order, the court shall forward all support payments, including those made as a result of any garnishment, contempt, attachment, income with- holding, income assignment or release of lien process, to the commis- sioner until the court receives notification of the termination of the as- signment.

(e) If the claim of the commissioner for repayment of the child's share of the costs of care and custody of a child under K.S.A. 38-1601 et seq., and amendments thereto, is not satisfied when such aid is discontinued, the commissioner shall file a notice of partial termination of assignment of support rights with the court which will preserve the assignment in regard to unpaid support rights which were due and owing at the time of the discontinuance of such aid. A copy of the notice of the partial ter- mination of the assignment need not be provided to the obligee or obligor. The notice shall include:

(1) A statement that the assignment has been partially terminated;

(2) the name of any child and the caretaker or other adult for whom support has been ordered by the court;

(3) the number of the case in which support was ordered; and

(4) the date the assignment was partially terminated.

(f) Upon receipt of the notice and without the requirement of a hear- ing or order, the court shall forward all payments made to satisfy support arrearages due and owing as of the date the assignment of support rights was partially terminated to the commissioner until the court receives no- tification of the termination of the assignment.

(g) If the commissioner or the commissioner's designee has on file with the court ordering support payments, a notice of assignment of sup- port rights pursuant to subsection (c) or a notice of partial termination of assignment of support rights pursuant to subsection (e), the commissioner shall be considered a necessary party in interest concerning any legal action to enforce, modify, settle, satisfy or discharge an assigned support obligation and, as such, shall be given notice by the party filing such action in accordance with the rules of civil procedure.

(h) Upon written notification by the commissioner's designee that assigned support has been collected pursuant to K.S.A. 44-718 or 75- 6201 et seq., and amendments thereto, or section 464 of title IV, part D, of the federal social security act, or any other method of direct payment to the commissioner, the clerk of the court or other record keeper where the support order was established, shall enter the amounts collected by the commissioner in the court's payment ledger or other record to insure that the obligor is credited for the amounts collected.

(i) An assignment of support rights pursuant to subsection (a) shall remain in full force and effect so long as the commissioner is providing public assistance in accordance with a plan under which federal moneys are expended on behalf of the child for the expenses of a child in the commissioner's care or custody pursuant to K.S.A. 38-1601 et seq., and amendments thereto. Upon discontinuance of all such assistance and sup- port enforcement services, the assignment shall remain in effect as to unpaid support obligations due and owing at the time of the discontinu- ance of assistance until the claim of the commissioner for repayment of the unreimbursed portion of any assistance is satisfied. Nothing herein shall affect or limit the rights of the commissioner under an assignment of rights to payment for medical care from a third party pursuant to section 15, and amendments thereto.

(j) This section shall be part of and supplemental to the Kansas ju- venile justice code. New Sec. 10. On and after July 1, 1997:

(a) The commissioner of juvenile justice may establish, maintain and improve throughout the state, within the limits of funds appropriated therefor and any grants or funds received from federal agencies and other sources, regional youth care, evaluation and rehabilitation facilities, not to exceed 10 in number, for the purpose of: (1) Providing local authorities with facilities for the detention and rehabilitation of juvenile offenders, including, but not limited to juvenile offenders who are 16 and 17 years of age; (2) providing local authorities with facilities for the temporary shelter and detention of juveniles pending any examination or study to be made of the juveniles or prior to the disposition of such juveniles pursuant to the Kansas code for care of children or the Kansas juvenile justice code; and (3) providing short-term treatment and rehabilitation service for juveniles.

(b) Each such facility shall be staffed by a superintendent, matron and such other officers and employees considered necessary by the com- missioner for the proper management and operation of the center. The commissioner shall appoint the superintendent of each regional facility and fix the superintendent's compensation with the approval of the gov- ernor. Each superintendent shall appoint all other officers and employees for such regional facility, subject to the approval of the commissioner.

(c) The commissioner may adopt rules and regulations relating to the operation and management of any regional youth care facility established pursuant to the provisions of sections 10 through 13, and amendments thereto. New Sec. 11. On and after July 1, 1997:

(a) Within the limits of funds appropriated therefor and any grants or funds received from any agency of the United States government, and other sources, the commissioner of juvenile justice may establish, main- tain and improve throughout the state supplemental youth care facilities for children who are delinquent, miscreant or juvenile offenders and who are confined in institutions, for the purpose of providing treatment and rehabilitation services for the children. All children placed in supplemen- tal youth care facilities shall be subject to laws applicable to juvenile of- fenders who are placed in any other juvenile correctional facility, as de- fined by K.S.A. 38-1602, and amendments thereto. The commissioner may adopt rules and regulations relating to the operation and manage- ment of any supplemental youth care facility established pursuant to this section.

(b) The supplemental youth care facility or youth rehabilitation cen- ter established at Osawatomie state hospital shall be known as the juvenile correctional facility at Osawatomie. Any reference to this supplemental youth care facility, youth rehabilitation center or the youth center at Os- awatomie, or words of like effect, in any statute, contract or other docu- ment shall be deemed to apply to the juvenile correctional facility at Osawatomie. The juvenile correctional facility at Osawatomie shall be under the supervision and control of the commissioner in accordance with section 6. All juvenile offenders placed in the juvenile correctional facility at Osawatomie shall be subject to laws applicable to juvenile offenders placed in any other juvenile correctional facility, as defined by K.S.A. 38- 1602, and amendments thereto.

(c) The supplemental youth care facility or youth rehabilitation center established at Larned state hospital shall be known as the juvenile cor- rectional facility at Larned. Any reference to this supplemental youth care facility, youth rehabilitation center, the youth center at Larned, or words of like effect, in any statute, contract or other document shall be deemed to apply to the juvenile correctional facility at Larned. The juvenile cor- rectional facility at Larned shall be under the supervision and control of the commissioner in accordance with section 6. All juvenile offenders placed in the juvenile correctional facility at Larned shall be subject to laws applicable to any other juvenile correctional facility, as defined by K.S.A. 38-1602, and amendments thereto. New Sec./007006/On and after July 1, 1997, the commissioner may es- tablish supplementary facilities as geographical extensions of any institu- tion, which shall be operated in connection with and as a part of the institution, and all patients or persons placed or cared for in such sup- plementary facilities shall be admitted in accordance with the laws relat- ing to the admission of patients or persons in such institution, and such patients or persons shall be subject to all laws and rules and regulations relating to such institution. New Sec./007006/On and after July 1, 1997:

(a) The commissioner of juvenile justice is hereby authorized and empowered to establish and maintain at any institution, as defined in K.S.A. 38-1602, and amendments thereto, residential care facilities for children and youth committed or relinquished to the commissioner.

(b) Each residential care facility established under this section shall be under the supervision and administration of the commissioner. The commissioner shall appoint all employees of the residential care facility who shall be in the classified service under the Kansas civil service act.

(c) The commissioner is hereby authorized to adopt all necessary rules and regulations relating to the operation and management of any residential care facility established pursuant to the provisions of sections 10 through 13. New Sec./007006/On and after July 1, 1996, the department of correc- tions, through an interagency agreement with the department of social and rehabilitation services, shall develop a plan to construct a maximum security juvenile correctional facility or facilities. Such facility or facilities shall be designed to house violent, chronic and serious juvenile offenders; and to accommodate other services and functions, such as detention cen- ters, intake and assessment centers and reception and diagnostic services. Such plans shall be presented to the joint committee on state building construction. New Sec./007006/On and after July 1, 1997:

(a) All individual and group health insurance policies providing cov- erage on an expense incurred basis, individual and group service or in- demnity type contracts issued by a profit or nonprofit corporation and all contracts issued by health maintenance organizations organized or au- thorized to transact business in this state which provides coverage for a family member of the enrollee, insured or subscriber shall, as to such family members' coverage, also provide that the health insurance benefits applicable for children shall be payable with respect to a child in the custody of the commissioner of juvenile justice.

(b) The contract issued by a health maintenance organization may provide that the benefits required pursuant to this subsection shall be covered benefits only if the services are rendered by a provider who is designated by and affiliated with the health maintenance organization. New Sec./007006/(a) Except as provided in subsection (b), a child's par- ent, parents or guardian shall be liable to repay to the commissioner of juvenile justice, or any other person or entity who provides services pur- suant to a court order issued under the juvenile justice code, any assis- tance expended on the child's behalf, regardless of the specific program under which the assistance is or has been provided. When more than one person is legally obligated to support the child, liability to the commis- sioner or other person or entity shall be joint and severable. The com- missioner or other person or entity shall have the power and authority to file a civil action in the name of the commissioner or other person or entity for repayment of the assistance, regardless of the existence of any other action involving the support of the child.

(b) With respect to an individual parent or guardian, the provisions of subsection (a) shall not apply to:

(1) Assistance provided on behalf of any person other than the child of the parent or guardian;

(2) assistance provided during a month in which the needs of the parent or guardian were included in the assistance provided to the child; or

(3) assistance provided during a month in which the parent or guard- ian has fully complied with the terms of an order of support for the child, if a court of competent jurisdiction has considered the issue of support. For the purposes of this subsection, if an order is silent on the issue of support, it shall not be presumed that the court has considered the issue of support. Amounts paid for a particular month pursuant to a judgment under this section shall be credited against the amount accruing for the same month under any other order of support for the child, up to the amount of the current support obligation for that month.

(c) When the assistance provided during a month is on behalf of more than one person, the amount of assistance provided on behalf of one person for that month shall be determined by dividing the total assistance by the number of people on whose behalf assistance was provided.

(d) Actions authorized herein are in addition to and not in substitu- tion for any other remedies. Sec./007006/On and after July 1, 1996, K.S.A. 20-1204a is hereby amended to read as follows: 20-1204a. (a) When an order in a civil action has been entered, the court that rendered the same may order a person alleged to be guilty of indirect contempt of such order to appear and show cause why such person should not be held in contempt if there is filed a motion requesting an order to appear and show cause which is accom- panied by an affidavit specifically setting forth the facts constituting the alleged violation.

(b) Except as provided in subsection (e), the order to appear and show cause shall be served upon the party allegedly in contempt by the sheriff or some other person appointed by the court for such purpose. Such order shall state the time and place where the person is to appear and shall be accompanied by a copy of the affidavit provided for in sub- section (a). The court shall hear the matter at the time specified in the order, and upon proper showing, may extend the time so as to give the accused a reasonable opportunity to purge oneself of the contempt. If the court determines that a person is guilty of contempt such person shall be punished as the court shall direct.

(c) If, after proper service of the order to appear and show cause, the person served shall not appear in court as ordered, or if the court finds at a hearing held on motion of a party to the civil action that the person allegedly in contempt is secreting oneself to avoid the process of the court, the court may issue a bench warrant commanding that the person be brought before the court to answer for contempt. When such person is brought before the court, the court shall proceed as provided in subsec- tion (b). The court may make such orders concerning the release of the person pending the hearing as the court deems proper.

(d) The provisions of this section shall apply to both criminal and civil contempts, but in the case of a criminal contempt the court on its own motion may cause the motion and affidavit provided for in subsection (a) to be filed.

(e) In cases involving an alleged violation of a restraining order issued pursuant to paragraph (2) of subsection (a) of K.S.A. 60-1607, and amend- ments thereto, if the affidavit filed pursuant to subsection (a) alleges phys- ical abuse in violation of the court's order, the court immediately may issue a bench warrant and proceed as provided in subsection (c).

(f) If a person is found guilty of contempt in a child support enforce- ment proceeding, including an assignment of child support rights to the secretary of social and rehabilitation services, and the evidence shows that the person is or may be authorized to practice a profession by a licensing body as defined in K.S.A. 1995 Supp. 74-146 and amendments thereto, the court, in addition to any other remedies, may order that a notice pursuant to subsection (a) of K.S.A. 1995 Supp. 74-147 and amend- ments thereto be served on the licensing body. If the person found guilty of contempt as provided in this subsection is a licensed attorney, the court may file a complaint with the disciplinary administrator if the licensing agency is the Kansas supreme court, or the appropriate bar counsel's office if the licensee practices in another state.

(g) If a person is found guilty of contempt in a child support enforce- ment proceeding, including an assignment of child support rights to the secretary of social and rehabilitation services, in an amount equal to or greater than the amount of support payable for six months or the obligor has been ordered by the court to pay a sum certain each month toward the liquidation of the arrearages and the obligor has substantially failed to abide by that order, the court may restrict the obligor's driver's license. Such restriction may include, but not be limited to, driving to, from and during the course of such person's employment. The court may order the public office, as defined in K.S.A. 23-4,106, and amendments thereto, to contact the division of vehicles of the department of revenue to restrict the obligor's driver's license as indicated in the court order until further order of the court.

~~(g)~~ (h) The court shall not recognize a motion to issue nor order in a civil or criminal action a contempt citation against any person who reports or publishes the information that a gag order has been issued by the court. Sec./007006/On and after July 1, 1997, K.S.A. 20-1204a, as amended by section 17 of this bill, is hereby amended to read as follows: 20-1204a. (a) When an order in a civil action has been entered, the court that ren- dered the same may order a person alleged to be guilty of indirect con- tempt of such order to appear and show cause why such person should not be held in contempt if there is filed a motion requesting an order to appear and show cause which is accompanied by an affidavit specifically setting forth the facts constituting the alleged violation.

(f) If a person is found guilty of contempt in a child support enforce- ment proceeding, including an assignment of child support rights to the ~~secretary of social and rehabilitation services,~~ commissioner of juvenile justice and the evidence shows that the person is or may be authorized to practice a profession by a licensing body as defined in K.S.A. 1995 Supp. 74-146 and amendments thereto, the court, in addition to any other remedies, may order that a notice pursuant to subsection (a) of K.S.A. 1995 Supp. 74-147 and amendments thereto be served on the licensing body. If the person found guilty of contempt as provided in this subsection is a licensed attorney, the court may file a complaint with the disciplinary administrator if the licensing agency is the Kansas supreme court, or the appropriate bar counsel's office if the licensee practices in another state.

(g) If a person is found guilty of contempt in a child support enforce- ment proceeding, including an assignment of child support rights to the ~~secretary of social and rehabilitation services~~ commissioner of juvenile justice, in an amount equal to or greater than the amount of support payable for six months or the obligor has been ordered by the court to pay a sum certain each month toward the liquidation of the arrearages and the obligor has substantially failed to abide by that order, the court may restrict the obligor's driver's license. Such restriction may include, but not be limited to, driving to, from and during the course of such person's employment. The court may order the public office, as defined in K.S.A. 23-4,106, and amendments thereto, to contact the division of vehicles of the department of revenue to restrict the obligor's driver's license as indicated in the court order until further order of the court.

(h) The court shall not recognize a motion to issue nor order in a civil or criminal action a contempt citation against any person who reports or publishes the information that a gag order has been issued by the court. Sec. 19. On and after July 1, 1997, K.S.A. 1995 Supp. 8-237 is hereby amended to read as follows: 8-237. The division of vehicles shall not issue any driver's license to any person:

(a) Who is under the age of 16 years, except that the division may issue a restricted class C or M license, as provided in this act, to any person who: (1) Is at least 15 years of age; (2) has successfully completed an approved course in driver training; and (3) upon the written application of the person's parent or guardian. Except as hereafter provided, the application of the parent or guardian shall be submitted to the division. The governing body of any city, by ordinance, may require the application of any person who is under 16 years of age and who resides within the city to be first submitted to the chief law enforcement officer of the city. The board of county commissioners of any county, by resolution, may require the application of any person who is under 16 years of age and who resides within the county and outside the corporate limits of any city to be first submitted to the chief law enforcement officer of the county. No ordinance or resolution authorized by this subsection shall become effective until a copy of it is transmitted to the division of vehicles. The chief law enforcement officer of any city or county which has adopted the ordinance or resolution authorized by this subsection shall make a recommendation on the application as to the necessity for the issuance of the restricted license, and the recommendation shall be transmitted, with the application, to the division of vehicles. If the division finds that it is necessary to issue the restricted license, it shall issue a driver's license to the person.

A restricted class C license issued under this subsection shall entitle the licensee, while possessing the license, to operate any motor vehicle in class C, as designated in K.S.A. 8-234b, and amendments thereto. A restricted class M license shall entitle the licensee, while possessing such license, to operate a motorcycle. The restricted license shall entitle the licensee to operate the appropriate vehicle at any time: (1) While going to or from or in connection with any job, employment or farm-related work; (2) on days while school is in session, over the most direct and accessible route between the licensee's residence and school of enroll- ment for the purposes of school attendance; (3) when the licensee is operating a passenger car, at any time when accompanied by an adult who is the holder of a valid commercial driver's license, class A, B or C driver's license and who is actually occupying a seat beside the driver; or (4) when the licensee is operating a motorcycle, at any time when accom- panied by an adult who is the holder of a valid class M driver's license and who is operating a motorcycle in the general proximity of the licensee.

Any licensee issued a restricted license under this subsection shall not operate any motor vehicle with nonsibling minor passengers.

A restricted driver's license issued under this subsection is subject to suspension or revocation in the same manner as any other driver's license. In addition, the division may suspend the restricted driver's license upon receiving satisfactory evidence that: (1) The licensee has violated the re- striction of the license, (2) the licensee has been involved in two or more accidents chargeable to the licensee or (3) the recommendation of the chief law enforcement officer of any city or county requiring the rec- ommendation has been withdrawn. The suspended license shall not be reinstated for one year or until the licensee reaches the age of 16, which- ever period is longer.

(b) Who is under the age of 18 years, except as provided in K.S.A. 1995 Supp. 8-2,147, and amendments thereto, for the purpose of driving a commercial or class A or B motor vehicle.

(c) Whose license is currently revoked, suspended or canceled in this or any other state, except as provided in K.S.A. 8-256, and amendments thereto.

(d) Who is a habitual drunkard, habitual user of narcotic drugs or habitual user of any other drug to a degree which renders the user in- capable of safely driving a motor vehicle.

(e) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who, at the time of making application for a driver's license, has not been restored to capacity in the manner provided by law. Application of this limitation to any person known to have suffered any seizure disorder is subject to the provisions of paragraph (7) of subsection (e) of K.S.A. 8-247, and amendments thereto.

[aw(f) Who is required by the motor vehicle drivers' license act to take an examination, unless the person has successfully passed the examina- tion.

(g) Who is at least 16 years of age and less than 17 years of age, who is applying for a driver's license for the first time since reaching 16 years of age and who, three times or more, has been adjudged to be a traffic offender under the Kansas juvenile code or a juvenile offender under the Kansas juvenile ~~offenders~~ justice code, by reason of violation of one or more statutes regulating the movement of traffic on the roads, streets or highways of this state, except that, in the discretion of the director, the person may be issued a driver's license which is restricted in the manner the division deems to be appropriate. No person described by this sub- section shall be eligible to receive a driver's license which is not restricted until the person has reached the age of 17 years. Sec. 20. On and after July 1, 1997, K.S.A. 10-1208 is hereby amended to read as follows: 10-1208. (a) The governing body or other proper officers having the control and management of the utilities of such municipality shall provide for the payment of such bonds by fixing rates, fees or charges for the use of or services rendered by such utility, which rates, fees or charges shall be sufficient to pay the cost of operation, improvement and maintenance of the utility, and provide either a depre- ciation fund or a renewal and replacement fund, provide a reserve fund and pay the principal of and the interest upon such bonds when due. Rates, fees and charges for the use of or services rendered by any inter- ceptor sewer utility, including the cost of construction, alteration, repair or reconstruction of any such interceptor sewer utility, shall not be based on strength or volume of sewage to be carried in any interceptor sewer of such utility. The rates, fees and charges for the use of or services rendered by any sewage disposal plant utility may be based in part upon the strength or volume of sewage contributed.

(b) The municipality shall cause an audit to be made annually by a licensed municipal public accountant or certified public accountant of the operation of any utility for which revenue bonds have been issued by the municipality. If the audit discloses that proper provision has not been made for all of the requirements of this section, then the governing body or other officers having the control and management of the utilities of such municipality shall promptly proceed to cause to be charged for the utility service rendered rates which will adequately provide for the requirements of this section. Within one year after the audit period of the audit, a copy of the audit report shall be filed with the clerk of the municipality and shall be open to public inspection.

(c) If the municipality does not own the waterworks system serving it and has instituted sewer service charges and rates for the use of its sanitary sewage system utility under this section, it may contract with any corporation owning the waterworks system serving such municipality for the billing and collection of sewer service charges in conjunction with the billing and collection of water charges, and such corporation shall have the power to contract for such billing and collection of sewer service charges. The terms of such contract shall be such as may be reasonable under the circumstances including the payment of reasonable compen- sation for the services rendered in billing and collecting such sewer serv- ice charges and may include a provision that water service to any customer using or required by law to use the sewage facilities of the municipality, except the ~~youth center~~ juvenile correctional facility at Atchison, shall be discontinued, at the direction of the municipality, in the event of such customer's failure to pay sewer service charges, and such water company shall have the power to discontinue such water service under such cir- cumstances.

(d) If the municipality owns and operates both the waterworks system and sanitary sewer system serving such municipality and it has instituted sewer rates, fees, and charges under this section, it may combine the billing and collection of the charges for both such utility services and may discontinue the water service to any sewer user who may be delinquent in the payment of sewer service charges. Sec. 21. On and after July 1, 1997, K.S.A. 20-302b is hereby amended to read as follows: 20-302b. (a) A district magistrate judge shall have the jurisdiction, power and duty, in any case in which a violation of the laws of the state is charged, to conduct the trial of traffic infractions or misdemeanor charges and the preliminary examination of felony charges. In civil cases, a district magistrate judge shall have concurrent jurisdiction, powers and duties with a district judge, except that, unless otherwise specifically provided in subsection (b), a district magistrate judge shall not have jurisdiction or cognizance over the following actions:

(1) Any action, other than an action seeking judgment for an unse- cured debt not sounding in tort and arising out of a contract for the provision of goods, services or money, in which the amount in contro- versy, exclusive of interests and costs, exceeds $10,000, except that in actions of replevin, the affidavit in replevin or the verified petition fixing the value of the property shall govern the jurisdiction; nothing in this paragraph shall be construed as limiting the power of a district magistrate judge to hear any action pursuant to the Kansas probate code or to issue support orders as provided by paragraph (6) of this subsection;

(2) actions against any officers of the state, or any subdivisions thereof, for misconduct in office;

(3) actions for specific performance of contracts for real estate;

(4) actions in which title to real estate is sought to be recovered or in which an interest in real estate, either legal or equitable, is sought to be established, except that nothing in this paragraph shall be construed as limiting the right to bring an action for forcible detainer as provided in the acts contained in article 23 of chapter 61 of the Kansas Statutes Annotated, and any acts amendatory thereof or supplemental thereto; and nothing in this paragraph shall be construed as limiting the power of a district magistrate judge to hear any action pursuant to the Kansas probate code;

(5) actions to foreclose real estate mortgages or to establish and fore- close liens on real estate as provided in the acts contained in article 11 of chapter 60 of the Kansas Statutes Annotated, and any acts amendatory thereof or supplemental thereto;

(6) actions for divorce, separate maintenance or custody of minor children, except that nothing in this paragraph shall be construed as lim- iting the power of a district magistrate judge to: (A) Hear any action pursuant to the Kansas code for care of children or the Kansas juvenile ~~offenders~~ justice code; (B) establish, modify or enforce orders of support, including, but not limited to, orders of support pursuant to the Kansas parentage act, K.S.A. 23-451 et seq., 39-718a, 39-718b, 39-755 or 60-1610 or K.S.A. 23-4,105 through 23-4,118, 23-4,125 through 23-4,137, 38- 1542, 38-1543 or 38-1563, and amendments thereto; or (C) enforce or- ders granting a parent visitation rights to the parent's child;

(7) habeas corpus;

(8) receiverships;

(9) change of name;

(10) declaratory judgments;

(11) mandamus and quo warranto;

(12) injunctions;

(13) class actions;

(14) rights of majority;

(15) actions pursuant to the protection from abuse act; and

(16) actions pursuant to K.S.A. 59-29a01 et seq. and amendments thereto.

(b) Notwithstanding the provisions of subsection (a), in the absence, disability or disqualification of a district judge, a district magistrate judge may:

(1) Grant a restraining order, as provided in K.S.A. 60-902 and amendments thereto;

(2) appoint a receiver, as provided in K.S.A. 60-1301 and amend- ments thereto;

(3) make any order authorized by K.S.A. 60-1607 and amendments thereto; and

(4) grant any order authorized by the protection from abuse act.

(c) In accordance with the limitations and procedures prescribed by law, and subject to any rules of the supreme court relating thereto, any appeal permitted to be taken from an order or final decision of a district magistrate judge shall be tried and determined de novo by a district judge, except that in civil cases where a record was made of the action or pro- ceeding before the district magistrate judge, the appeal shall be tried and determined on the record by a district judge.

(d) Upon motion of a party, the administrative judge may reassign an action from a district magistrate judge to a district judge. Sec. 22. On and after July 1, 1997, K.S.A. 21-2511 is hereby amended to read as follows: 21-2511. (a) Any person convicted or adju- dicated as a juvenile offender because of the commission of an unlawful sexual act as defined in subsection (4) of K.S.A. 21-3501, and amendments thereto, or an attempt of such unlawful sexual act or convicted or adju- dicated as a juvenile offender because of the commission of a violation of K.S.A. 21-3401, 21-3402, 21-3602, 21-3603 or 21-3609, and amendments thereto, regardless of the sentence imposed, shall be required to submit specimens of blood and saliva to the Kansas bureau of investigation in accordance with the provisions of this act, if such person is:

(1) Convicted or adjudicated as a juvenile offender because of the commission of a crime specified in subsection (a) on or after the effective date of this act;

(2) ordered institutionalized as a result of being convicted or adju- dicated as a juvenile offender because of the commission of a crime spec- ified in subsection (a) on or after the effective date of this act; or

(3) convicted or adjudicated as a juvenile offender because of the commission of a crime specified in this subsection before the effective date of this act and is presently confined as a result of such conviction or adjudication in any state correctional facility or county jail or is presently serving ~~an authorized disposition~~ a sentence under K.S.A. 21-4603, 22- 3717 or 38-1663, and amendments thereto.

(b) Any person required by paragraphs (a)(1) and (a)(2) to provide specimens of blood and saliva shall be ordered by the court to have spec- imens of blood and saliva collected within 10 days after sentencing or adjudication:

(1) If placed directly on probation, as a condition of probation, that person must provide specimens of blood and saliva, at a collection site designated by the Kansas bureau of investigation. Failure to cooperate with the collection of the specimens and any deliberate act by that person intended to impede, delay or stop the collection of the specimens shall be punishable as contempt of court and constitute grounds to revoke probation;

(2) if sentenced to the secretary of corrections, the specimens of blood and saliva will be obtained immediately upon arrival at the Topeka correctional facility; or

(3) if a juvenile offender is placed in the custody of the secretary of social and rehabilitation services, in a youth residential facility or in a state youth center, the specimens of blood and saliva will be obtained imme- diately upon arrival.

(c) Any person required by paragraph (a)(3) to provide specimens of blood and saliva shall be required to provide such samples prior to final discharge, parole, or release at a collection site designated by the Kansas bureau of investigation.

(d) The Kansas bureau of investigation shall provide all specimen vials, mailing tubes, labels and instructions necessary for the collection of blood and saliva samples. The collection of samples shall be performed in a medically approved manner. No person authorized by this section to withdraw blood and collect saliva, and no person assisting in the collection of these samples shall be liable in any civil or criminal action when the act is performed in a reasonable manner according to generally accepted medical practices. The withdrawal of blood for purposes of this act may be performed only by: (1) A person licensed to practice medicine and surgery or a person acting under the supervision of any such licensed person; (2) a registered nurse or a licensed practical nurse; or (3) any qualified medical technician including, but not limited to, an emergency medical technician-intermediate or mobile intensive care technician, as those terms are defined in K.S.A. 65-6112, and amendments thereto, or a phlebotomist. The samples shall thereafter be forwarded to the Kansas bureau of investigation for analysis and categorizing into genetic marker groupings.

(e) The genetic marker groupings shall be maintained by the Kansas bureau of investigation. The Kansas bureau of investigation shall establish, implement and maintain a statewide automated personal identification system capable of, but not limited to, classifying, matching and storing analysis of DNA (deoxyribonucleic acid) and other biological molecules. The genetic marker grouping analysis information and identification sys- tem as established by this act shall be compatible with the procedures specified by the federal bureau of investigation's combined DNA index system (CODIS). The Kansas bureau of investigation may participate in the CODIS program by sharing data and utilizing compatible test pro- cedures, laboratory equipment, supplies and computer software.

(f) The genetic marker grouping analysis information obtained pur- suant to this act shall be confidential and shall be released only to law enforcement officers of the United States, of other states or territories, of the insular possessions of the United States, or foreign countries duly authorized to receive the same, to all law enforcement officers of the state of Kansas and to all prosecutor's agencies.

(g) The Kansas bureau of investigation shall be the state central re- pository for all genetic marker grouping analysis information obtained pursuant to this act. The Kansas bureau of investigation may promulgate rules and regulations for the form and manner of the collection of blood and saliva samples and other procedures for the operation of this act. The provisions of the Kansas administrative procedure act shall apply to all actions taken under the rules and regulations so promulgated. Sec. 23. On and after July 1, 1997, K.S.A. 21-3413 is hereby amended to read as follows: 21-3413. Battery against a law enforcement officer is a battery, as defined in K.S.A. 21-3412 and amendments thereto:

(a) (1) Committed against a uniformed or properly identified state, county or city law enforcement officer other than a correctional officer or employee, a ~~state youth center~~ juvenile correctional facility officer or employee or a juvenile detention facility officer or employee, while such officer is engaged in the performance of such officer's duty;

(2) committed against a correctional officer or employee by a person in custody of the secretary of corrections, while such officer or employee is engaged in the performance of such officer's or employee's duty;

(3) committed against a ~~state youth center~~ juvenile correctional fa- cility officer or employee by a person confined in such ~~youth center~~ ju- venile correctional facility, while such officer or employee is engaged in the performance of such officer's or employee's duty; or

(4) committed against a juvenile detention facility officer or employee by a person confined in such juvenile detention facility, while such officer or employee is engaged in the performance of such officer's or employee's duty.

(b) Battery against a law enforcement officer as defined in subsection (a)(1) is a class A person misdemeanor. Battery against a law enforcement officer as defined in subsection (a)(2), (a)(3) or (a)(4) is a severity level 7, person felony.

(1) ``Correctional institution'' means any institution or facility under the supervision and control of the secretary of corrections.

(2) ``Correctional officer or employee'' means any officer or employee of the Kansas department of corrections or any independent contractor, or any employee of such contractor, working at a correctional institution.

(3) ~~``State youth center~~ ``Juvenile correctional facility officer or em- ployee'' means any officer or employee of the ~~Kansas department of social and rehabilitation services~~ juvenile justice authority or any independent contractor, or any employee of such contractor, working at a ~~state youth center~~ juvenile correctional facility, as defined in K.S.A. 38-1602 and amendments thereto.

(4) ``Juvenile detention facility officer or employee'' means any officer or employee of a juvenile detention facility as defined in K.S.A. 38-1602 and amendments thereto. Sec. 24. On and after July 1, 1997, K.S.A. 21-3611 is hereby amended to read as follows: 21-3611. (a) Aggravated juvenile delinquency is running away or escaping from any training or rehabilitation facility under the jurisdiction and control of the ~~department of social and reha- bilitation service~~ juvenile justice authority after having previously run away or escaped therefrom one or more times committed by a child 16 or more years of age who has been adjudicated to be a delinquent or miscreant child under the Kansas juvenile code or a juvenile offender under the Kansas juvenile ~~offenders~~ justice code and who is confined in any such institution or facility.

(b) Aggravated juvenile delinquency is a severity level 9, nonperson felony.

(c) Persons charged with aggravated juvenile delinquency, as defined by this section, shall not be prosecuted pursuant to the Kansas juvenile ~~offenders~~ justice code but shall be prosecuted under the general criminal laws of the state. Sec. 25. On and after July 1, 1997, K.S.A. 21-3612 is hereby amended to read as follows: 21-3612. (a) Contributing to a child's mis- conduct or deprivation is:

(1) Causing or encouraging a child under 18 years of age to become or remain a child in need of care as defined by the Kansas code for care of children;

(2) causing or encouraging a child under 18 years of age to commit a traffic infraction or an act which, if committed by an adult, would be a misdemeanor or to violate the provisions of K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810 and amendments thereto;

(3) failure to reveal, upon inquiry by a uniformed or properly iden- tified law enforcement officer engaged in the performance of such offi- cer's duty, any information one has regarding a runaway, with intent to aid the runaway in avoiding detection or apprehension;

(4) sheltering or concealing a runaway with intent to aid the runaway in avoiding detection or apprehension by law enforcement officers; or

(5) causing or encouraging a child under 18 years of age to commit an act which, if committed by an adult, would be a felony; or

(6) causing or encouraging a child to violate the terms or conditions of the child's probation pursuant to subsection (a)(1) of K.S.A. 38-1663, and amendments thereto.

Contributing to a child's misconduct or deprivation as described in subsection (a)(1), (2) or, (3) or (6) is a class A nonperson misdemeanor. Contributing to a child's misconduct or deprivation as described in sub- section (a)(4) is a severity level 8, person felony. Contributing to a child's misconduct or deprivation as described in subsection (a)(5) is a severity level 7, person felony.

(b) A person may be found guilty of contributing to a child's miscon- duct or deprivation even though no prosecution of the child whose mis- conduct or deprivation the defendant caused or encouraged has been commenced pursuant to the Kansas code for care of children, Kansas juvenile ~~offenders~~ justice code or Kansas criminal code.

(c) As used in this section, ``runaway'' means a child under 18 years of age who is willfully and voluntarily absent from:

(1) The child's home without the consent of the child's parent or other custodian; or

(2) a court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed or, if the child is placed in a facility, without the consent of the person in charge of such facility or such person's des- ignee.

(d) This section shall be part of and supplemental to the Kansas crim- inal code. Sec. 26. On and after July 1, 1997, K.S.A. 21-3826 is hereby amended to read as follows: 21-3826. (a) Traffic in contraband in a cor- rectional institution is introducing or attempting to introduce into or upon the grounds of any correctional institution or taking, sending, attempting to take or attempting to send from any correctional institution or any unauthorized possession while in any correctional institution or distrib- uting within any correctional institution, any item without the consent of the administrator of the correctional institution.

(b) For purposes of this section, ``correctional institution'' means any state correctional institution or facility, conservation camp, state security hospital, ~~state youth center~~ juvenile correctional facility, community cor- rection center or facility for detention or confinement, juvenile detention facility or jail.

(c) Traffic in contraband in a correctional institution is a severity level 6, nonperson felony. Sec. 27. On and after July 1, 1997, K.S.A. 22-4701 is hereby amended to read as follows: 22-4701. As used in this act, unless the con- text clearly requires otherwise:

(a) ``Central repository'' means the criminal justice information sys- tem central repository created by this act and the juvenile offender in- formation system created pursuant to K.S.A. 38-1618, and amendments thereto.

(b) ``Criminal history record information'' means data initiated or col- lected by a criminal justice agency on a person pertaining to a reportable event. The term does not include:

(1) Data contained in intelligence or investigatory files or police work- product records used solely for police investigation purposes;

(2) juvenile offender information other than data pertaining to a per- son following waiver of jurisdiction pursuant to the Kansas juvenile code or an authorization for prosecution as an adult pursuant to the Kansas juvenile ~~offenders~~ justice code;

(3) wanted posters, police blotter entries, court records of public ju- dicial proceedings or published court opinions;

(4) data pertaining to violations of the traffic laws of the state or any other traffic law or ordinance, other than vehicular homicide; or

(5) presentence investigation and other reports prepared for use by a court in the exercise of criminal jurisdiction or by the governor in the exercise of the power of pardon, reprieve or commutation.

(c) ``Criminal justice agency'' means any government agency or sub- division of any such agency which is authorized by law to exercise the power of arrest, detention, prosecution, adjudication, correctional super- vision, rehabilitation or release of persons suspected, charged or con- victed of a crime and which allocates a substantial portion of its annual budget to any of these functions. The term includes, but is not limited to, the following agencies, when exercising jurisdiction over criminal mat- ters or criminal history record information:

(1) State, county, municipal and railroad police departments, sheriffs' offices and countywide law enforcement agencies, correctional facilities, jails and detention centers;

(2) the offices of the attorney general, county or district attorneys and any other office in which are located persons authorized by law to pros- ecute persons accused of criminal offenses;

(3) the district courts, the court of appeals, the supreme court, the municipal courts and the offices of the clerks of these courts;

(4) the Kansas sentencing commission; ~~and~~

(5) the Kansas parole board.; and

(6) the juvenile justice authority.

(d) ``Criminal justice information system'' means the equipment (in- cluding computer hardware and software), facilities, procedures, agree- ments and personnel used in the collection, processing, preservation and dissemination of criminal history record information.

(e) ``Director'' means the director of the Kansas bureau of investi- gation.

(f) ``Disseminate'' means to transmit criminal history record infor- mation in any oral or written form. The term does not include:

(1) The transmittal of such information within a criminal justice agency;

(2) the reporting of such information as required by this act; or

(3) the transmittal of such information between criminal justice agen- cies in order to permit the initiation of subsequent criminal justice pro- ceedings against a person relating to the same offense.

(g) ``Juvenile offender information'' has the meaning provided by K.S.A. 38-1617, and amendments thereto.

(h) ``Reportable event'' means an event specified or provided for in K.S.A. 22-4705, and amendments thereto. Sec. 28. On and after July 1, 1997, K.S.A. 28-170 is hereby amended to read as follows: 28-170. (a) The docket fee prescribed by K.S.A. 60- 2001 and amendments thereto shall be the only costs assessed for services of the clerk of the district court and the sheriff in any case filed under chapter 60 of the Kansas Statutes Annotated. For services in other matters in which no other fee is prescribed by statute, the following fees shall be charged and collected by the clerk. Only one fee shall be charged for each bond, lien or judgment:

1.   For filing, entering and releasing a bond, mechanic's lien, notice of
     intent to perform, personal property tax judgment or any judgment on which
     execution process cannot be issued         $5

2.   For filing, entering and releasing a judgment of a court of this state on
     which execution or other process can be issued         15

3.   For a certificate, or for copying or certifying any paper or writ, such fee
     as shall be prescribed by the district court.

(b) The fees for entries, certificates and other papers required in naturalization cases shall be those prescribed by the federal government and, when collected, shall be disbursed as prescribed by the federal gov- ernment. The clerk of the court shall remit to the state treasurer at least monthly all moneys received from fees prescribed by subsection (a) or (b) or received for any services performed which may be required by law. The state treasurer shall deposit the remittance in the state treasury and credit the entire amount to the state general fund.

(c) In actions pursuant to the Kansas code for care of children (K.S.A. 38-1501 et seq. and amendments thereto), the Kansas juvenile ~~offenders~~ justice code (K.S.A. 38-1601 et seq. and amendments thereto), the act for treatment of alcoholism (K.S.A. 65-4001 et seq. and amendments thereto), the act for treatment of drug abuse (K.S.A. 65-5201 et seq. and amendments thereto) or the treatment act for mentally ill persons (K.S.A. 59-2901 et seq. and amendments thereto), the clerk shall charge an ad- ditional fee of $1 which shall be deducted from the docket fee and cred- ited to the prosecuting attorneys' training fund as provided in K.S.A. 28- 170a and amendments thereto.

(d) In actions pursuant to the Kansas code for care of children (K.S.A. 38-1501 et seq. and amendments thereto), the Kansas juvenile ~~offenders~~ justice code (K.S.A. 38-1601 et seq. and amendments thereto), the act for treatment of alcoholism (K.S.A. 65-4001 et seq. and amendments thereto), the act for treatment of drug abuse (K.S.A. 65-5201 et seq. and amendments thereto) or the treatment act for mentally ill persons (K.S.A. 59-2901 et seq. and amendments thereto), the clerk shall charge an ad- ditional fee of $.50 which shall be deducted from the docket fee and credited to the indigents' defense services fund as provided in K.S.A. 28- 172b, and amendments thereto. Sec. 29. On and after July 1, 1997, K.S.A. 28-170a is hereby amended to read as follows: 28-170a. (a) There is hereby established a prosecuting attorneys' training fund. The clerk of the district court shall charge a fee of $1 in each criminal case, to be deducted from the docket fee as pro- vided in K.S.A. 28-172a and amendments thereto and shall charge a fee of $1 in each case pursuant to the Kansas code for care of children or the Kansas juvenile ~~offenders~~ justice code and each mental illness, drug abuse or alcoholism treatment action as provided by subsection (c) of K.S.A. 28- 170 and amendments thereto. The clerk of the district court, at least monthly, shall pay all such fees received to the county treasurer who shall credit the same to the prosecuting attorneys' training fund.

(b) Expenditures from the prosecuting attorneys' training fund shall be paid by the county treasurer upon the order of the county or district attorney and shall be used exclusively for the training of personnel in such attorney's office and costs related thereto. Annually, on or before March 15, each county and district attorney shall submit to the attorney general and the chairperson of the judiciary committee of each house, an ac- counting that shows for the preceding year the amount of fees paid into the prosecuting attorneys' training fund, the amounts and purpose of each expenditure from such fund and the balance in such fund on December 31 of the preceding year. The purpose for each expenditure shall specif- ically identify the person or persons for whom the expenditure was made and, where applicable, the time and place where the training was re- ceived. If any expenditure was paid to a nonprofit organization organized in this state of which the county or district attorney is a member, the county or district attorney shall include information on the training re- ceived for such expenditure which information shall show the persons receiving the training and the time and place thereof. Sec. 30. On and after July 1, 1997, K.S.A. 28-172b is hereby amended to read as follows: 28-172b. (a) There is hereby established in the state treasury an indigents' defense services fund.

(b) The clerk of the district court shall charge a fee of $.50 in each criminal case, to be deducted from the docket fee as provided in K.S.A. 28-172a and amendments thereto and shall charge a fee of $.50 in each case pursuant to the Kansas code for care of children or the Kansas ju- venile ~~offenders~~ justice code and each mental illness, drug abuse or al- coholism treatment action as provided by subsection (d) of K.S.A. 28-170 and amendments thereto. The clerk of the district court, at least monthly, shall pay all such fees received to the state treasurer who shall deposit the entire amount in the state treasury and credit it to the indigents' defense services fund.

(c) Moneys in the indigents' defense services fund shall be used ex- clusively to provide counsel and related services for indigent defendants. Expenditures from such fund shall be made in accordance with appro- priation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the state board of indigents' defense services or a person designated by the chairperson. Sec. 31. On and after July 1, 1996, K.S.A. 1995 Supp. 38-1502 is hereby amended to read as follows: 38-1502. As used in this code, unless the context otherwise indicates:

(a) ``Child in need of care'' means a person less than 18 years of age who:

(1) Is without adequate parental care, control or subsistence and the condition is not due solely to the lack of financial means of the child's parents or other custodian;

(2) is without the care or control necessary for the child's physical, mental or emotional health;

(3) has been physically, mentally or emotionally abused or neglected or sexually abused;

(4) has been placed for care or adoption in violation of law;

(5) has been abandoned or does not have a known living parent;

(6) is not attending school as required by K.S.A. 72-977 or 72-1111, and amendments thereto;

(7) except in the case of a violation of K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810 or, except as provided in subsection (a)(12), K.S.A. 21- 4204a and amendments thereto, does an act which, when committed by a person under 18 years of age, is prohibited by state law, city ordinance or county resolution but which is not prohibited when done by an adult;

(8) while less than 10 years of age, commits any act which if done by an adult would constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3105 and amendments thereto;

(9) is willfully and voluntarily absent from the child's home without the consent of the child's parent or other custodian;

(10) is willfully and voluntarily absent at least a second time from a court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed or, if the child is placed in a facility, without the consent of the person in charge of such facility or such person's designee;

(11) has been residing in the same residence with a sibling or another person under 18 years of age, who has been physically, mentally or emo- tionally abused or neglected, or sexually abused; or

(12) while less than 10 years of age commits the offense defined in K.S.A. 21-4204a, and amendments thereto.

(b) ``Physical, mental or emotional abuse or neglect'' means the in- fliction of physical, mental or emotional injury or the causing of a dete- rioration of a child and may include, but shall not be limited to, failing to maintain reasonable care and treatment, negligent treatment or maltreat- ment or exploiting a child to the extent that the child's health or emotional well-being is endangered. A parent legitimately practicing religious beliefs who does not provide specified medical treatment for a child because of religious beliefs shall not for that reason be considered a negligent parent; however, this exception shall not preclude a court from entering an order pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.

(c) ``Sexual abuse'' means any act committed with a child which is described in article 35, chapter 21 of the Kansas Statutes Annotated and those acts described in K.S.A. 21-3602 or 21-3603, and amendments thereto, regardless of the age of the child.

(d) ``Parent,'' when used in relation to a child or children, includes a guardian, conservator and every person who is by law liable to maintain, care for or support the child.

(e) ``Interested party'' means the state, the petitioner, the child, any parent and any person found to be an interested party pursuant to K.S.A. 38-1541 and amendments thereto.

(f) ``Law enforcement officer'' means any person who by virtue of office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.

(g) ``Youth residential facility'' means any home, foster home or struc- ture which provides 24-hour-a-day care for children and which is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.

(h) ``Shelter facility'' means any public or private facility or home other than a juvenile detention facility that may be used in accordance with this code for the purpose of providing either temporary placement for the care of children in need of care prior to the issuance of a dispos- itional order or longer term care under a dispositional order.

(i) ``Juvenile detention facility'' means any secure public or private facility used for the lawful custody of accused or adjudicated juvenile offenders which must not be a jail.

(j) ``Adult correction facility'' means any public or private facility, se- cure or nonsecure, which is used for the lawful custody of accused or convicted adult criminal offenders.

(k) ``Secure facility'' means a facility which is operated or structured so as to ensure that all entrances and exits from the facility are under the exclusive control of the staff of the facility, whether or not the person being detained has freedom of movement within the perimeters of the facility, or which relies on locked rooms and buildings, fences or physical restraint in order to control behavior of its residents. No secure facility shall be in a city or county jail.

(l) ``Ward of the court'' means a child over whom the court has ac- quired jurisdiction by the filing of a petition pursuant to this code and who continues subject to that jurisdiction until the petition is dismissed or the child is discharged as provided in K.S.A. 38-1503 and amendments thereto.

(m) ``Custody,'' whether temporary, protective or legal, means the status created by court order or statute which vests in a custodian, whether an individual or an agency, the right to physical possession of the child and the right to determine placement of the child, subject to restrictions placed by the court.

(n) ``Placement'' means the designation by the individual or agency having custody of where and with whom the child will live.

(o) ``Secretary'' means the secretary of social and rehabilitation serv- ices.

(p) ``Relative'' means a person related by blood, marriage or adoption but, when referring to a relative of a child's parent, does not include the child's other parent.

(q) ``Court-appointed special advocate'' means a responsible adult other than an attorney guardian ad litem who is appointed by the court to represent the best interests of a child, as provided in K.S.A. 38-1505a and amendments thereto, in a proceeding pursuant to this code.

(r) ``Multidisciplinary team'' means a group of persons, appointed by the court or by the state department of social and rehabilitation services under K.S.A. 38-1523a and amendments thereto, which has knowledge of the circumstances of a child in need of care.

(s) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building or on the same grounds as an adult jail or lockup, unless the facility meets all applicable standards and licen- sure requirements under law and there is (A) total separation of the ju- venile and adult facility spatial areas such that there could be no haphaz- ard or accidental contact between juvenile and adult residents in the respective facilities; (B) total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping, and general living activities; and (C) separate juvenile and adult staff, including management, security staff and direct care staff such as recreational, educational and counseling.

(t) ``Kinship care'' means the placement of a child in the home of the child's relative or in the home of another adult with whom the child or the child's parent already has a close emotional attachment.

(u) ``Juvenile intake and assessment worker'' means a responsible adult authorized to perform intake and assessment services as part of the intake and assessment system established pursuant to section 7. Sec. 32. On and after July 1, 1996, K.S.A. 38-1506 is hereby amended to read as follows: 38-1506. (a) Official file. The official file of proceedings pursuant to this code shall consist of the petition, process, service of process, orders, writs and journal entries reflecting hearings held and judgments and decrees entered by the court. The official file shall be kept separate from other records of the court. The official file shall be privileged and shall not be disclosed directly or indirectly to anyone except:

(1) A judge of the district court and members of the staff of the court designated by a judge of the district court;

(2) the guardian ad litem and the parties to the proceedings and their attorneys;

(3) any individual, or any public or private agency or institution, hav- ing custody of the child under court order or providing educational, med- ical or mental health services to the child or a court-approved advocate for the child or any placement provider or potential placement provider as determined by the secretary or court services officer; and

(4) any other person when authorized by a court order, subject to any conditions imposed by the order.

(b) Social file. Reports and information received by the court, other than the official file, shall be privileged and open to inspection only by the guardian ad litem or an attorney for an interested party or upon court order. The reports shall not be further disclosed by the guardian ad litem or attorney without approval of the court or by being presented as ad- missible evidence.

(c) Preservation of records. The Kansas state historical society shall be allowed to take possession for preservation in the state archives of any court records related to proceedings under the Kansas code for care of children whenever such records otherwise would be destroyed. No such records in the custody of the Kansas state historical society shall be dis- closed directly or indirectly to anyone for 80 years after creation of the records, except as provided in subsections (a) and (b). Pursuant to sub- sections (a)(4) and (b), a judge of the district court may allow inspection for research purposes of any court records in the custody of the Kansas state historical society related to proceedings under the Kansas code for care of children. Sec. 33. On and after July 1, 1996, K.S.A. 38-1507 is hereby amended to read as follows: 38-1507. (a) All records and reports con- cerning child abuse or neglect received by the department of social and rehabilitation services or a law enforcement agency in accordance with K.S.A. 38-1522 and amendments thereto are confidential and shall not be disclosed except under the following conditions:

(1) Upon the order of any court after a determination by the court issuing the order that the records and reports are necessary for the con- duct of proceedings before it and are otherwise admissible in evidence, except that access shall be limited to ~~in camera~~ ~~inspection unless the court determines that public disclosure of the information contained in the records and reports is necessary for the resolution of an issue then pend- ing before it.~~

(2) The secretary or the law enforcement agency where the report is filed shall authorize access to any records or reports concerning child abuse or neglect to any of the following persons upon order of any court and may authorize access to such persons without a court order if the child involved is a subject of the record or report:

~~(A) A person licensed to practice the healing arts who has before that person a child whom the person reasonably suspects may be abused or neglected;~~

~~(B) a court-appointed special advocate for a child, which advocate reports to the court, or an agency having the legal responsibility or au- thorization to care for, treat or supervise a child;~~

~~(C) a parent or other person responsible for the welfare of a child, or such person's legal representative, with protection for the identity of reporters and other appropriate persons;~~

~~(D) the child or the guardian~~ ~~ad litem~~ ~~for such child;~~

~~(E) a police or other law enforcement agency;~~

(F) an agency charged with the responsibility of preventing or treat- ing physical, mental or emotional abuse or neglect or sexual abuse of children, if the agency requesting the information has standards of con- fidentiality as strict or stricter than the requirements of this code;

~~(G) a person who is a member of a multidisciplinary team;~~

~~(H) an agency authorized by a properly constituted authority to di- agnose, care for, treat or supervise a child who is the subject of a report or record of child abuse or neglect;~~

(I) any individual, or public or private agency authorized by a properly constituted authority to diagnose, care for, treat or supervise a child who is the subject of a report or record of child abuse or neglect and specif- ically includes the following: Physicians, psychiatrists, nurse, nurse prac- titioners, psychologists, licensed social workers, child development spe- cialists, physician assistants, community mental health workers, alcohol and drug abuse counselors, and licensed or registered child care provid- ers. Teachers, administrators and school paraprofessionals shall have ac- cess but shall not copy materials in the file; or

(J) any member of the standing house or senate committee on judi- ciary, house committee on appropriations, senate committee on ways and means, legislative post audit committee and joint committee on children's initiatives, carrying out such member's or committee's official functions. Such records and reports shall only be disclosed to such legislative com- mittee, in accordance with K.S.A. 75-4319 and amendments thereto, in a closed or executive meeting. Except in limited conditions established by 2/3 of the members of such committee, records and reports received by the committee shall not be further disclosed. Unauthorized disclosure may subject such member to discipline or censure from the house of representatives or senate.

(b) No individual, association, partnership, corporation or other entity shall willfully or knowingly permit or encourage the unauthorized dissem- ination of the contents of records or reports concerning child abuse or neglect received by the department of social and rehabilitation services or a law enforcement agency in accordance with K.S.A. 38-1522 and amendments thereto except as provided by this code. Violation of this subsection is a class B misdemeanor.

(c) Records or reports given to persons described in subsection (a)(2)(G) shall not be further disclosed to persons who are not members of the multidisciplinary team without prior approval of the court. (a) In order to protect the privacy of children who are the subject of a child in need of care record or report, all records and reports concerning children in need of care, including the juvenile intake and assessment report, re- ceived by the department of social and rehabilitation services, a law en- forcement agency or any juvenile intake and assessment worker shall be kept confidential except to those persons or entities with a need for infor- mation that is directly related to achieving the purposes of this code.

(b) When a report is received by the department of social and reha- bilitation services, a law enforcement agency or any juvenile intake and assessment worker which indicates a child may be in need of care, the following persons and entities shall have a free exchange of information between and among them:

(1) The department of social and rehabilitation services;

(2) the commissioner of juvenile justice;

(3) the law enforcement agency receiving such report;

(4) members of a court appointed multidisciplinary team;

(5) an entity mandated by federal law or an agency of any state au- thorized to receive and investigate reports of a child known or suspected to be in need of care;

(6) a military enclave or Indian tribal organization authorized to re- ceive and investigate reports of a child known or suspected to be in need of care;

(7) a county or district attorney;

(8) a court services officer who has taken a child into custody pur- suant to K.S.A. 38-1527, and amendments thereto;

(9) a guardian ad litem appointed for a child alleged to be in need of care;

(10) an intake and assessment worker; and

(11) any community corrections program which has the child under court ordered supervision.

(c) The following persons or entities shall have access to information, records or reports received by the department of social and rehabilitation services, a law enforcement agency or any juvenile intake and assessment worker. Access shall be limited to information necessary to carry out their lawful responsibilities or to diagnose, treat, care for or protect a child alleged to be in need of care.

(1) A child named in the report or records.

(2) A parent or other person responsible for the welfare of a child, or such person's legal representative.

(3) A court-appointed special advocate for a child, a citizen review board or other advocate which reports to the court.

(4) A person licensed to practice the healing arts or mental health profession in order to diagnose, care for, treat or supervise: (A) A child whom such service provider reasonably suspects may be in need of care; (B) a member of the child's family; or (C) a person who allegedly abused or neglected the child.

(5) A person or entity licensed or registered by the secretary of health and environment or approved by the secretary of social and rehabilitation services to care for, treat or supervise a child in need of care. In order to assist a child placed for care by the secretary of social and rehabilitation services in a foster home or child care facility, the secretary shall provide relevant information to the foster parents or child care facility prior to placement and as such information becomes available to the secretary.

(6) Parties to a court proceeding in which the information in the re- cords is legally relevant and necessary for determination of an issue before such court, provided that prior to such disclosure the judge has reviewed the records in camera, has determined the relevancy and necessity of such disclosure and has limited disclosure to such legally relevant information under an appropriate order.

(7) A coroner or medical examiner when such person is determining the cause of death of a child.

(8) The state child death review board established under K.S.A. 22a- 243, and amendments thereto.

(9) A prospective adoptive parent prior to placing a child in their care.

(10) The department of health and environment for the purpose of carrying out responsibilities relating to licensure or registration of child care providers as required by chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments thereto.

(11) The state protection and advocacy agency as provided by sub- section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A. 74-5515, and amendments thereto.

(12) Any educational institution to the extent allowed pursuant to law or pursuant to court order.

(13) Any other person when authorized by a court order, subject to any conditions imposed by the order.

(d) Information from a record or report of a child in need of care shall be available to members of the standing house or senate committee on judiciary, house committee on appropriations, senate committee on ways and means, legislative post audit committee and joint committee on children and families, carrying out such member's or committee's official functions in accordance with K.S.A. 75-4319 and amendments thereto, in a closed or executive meeting. Except in limited conditions established by 2/3 of the members of such committee, records and reports received by the committee shall not be further disclosed. Unauthorized disclosure may subject such member to discipline or censure from the house of represen- tatives or senate.

(e) Nothing in this section shall be interpreted to prohibit the secre- tary of social and rehabilitation services from summarizing the outcome of department actions regarding a child alleged to be a child in need of care to a person having made such report.

(f) Disclosure of information from reports or records of a child in need of care to the public shall be limited to conformation of factual details with respect to how the case was handled that do not violate the privacy of the child, if living, or the child's siblings, parents or guardians. Further, confidential information may be released to the public only with the ex- press written permission of the individuals involved or their representa- tives or upon order of the court having jurisdiction upon a finding by the court that public disclosure of information in the records or reports is necessary for the resolution of an issue before the court.

(g) Information authorized to be disclosed in subsections (c) through (f) shall not contain information which identifies a reporter of a child in need of care.

(h) Records or reports authorized to be disclosed in this section shall not be further disclosed.

(i) Anyone who participates in providing or receiving information without malice under the provisions of this section shall have immunity from any civil liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to partici- pation in any judicial proceedings resulting from providing or receiving information.

(j) No individual, association, partnership, corporation or other entity shall willfully or knowingly disclose, permit or encourage disclosure of the contents of records or reports concerning a child in need of care re- ceived by the department of social and rehabilitation services, a law en- forcement agency or a juvenile intake and assessment worker except as provided by this code. Violation of this subsection is a class B misde- meanor. Sec. 34. On and after July 1, 1996, K.S.A. 38-1507b is hereby amended to read as follows: 38-1507b. Any ~~licensed social worker~~ person licensed or registered by the behavioral sciences regulatory board sharing information under the provisions of this ~~act~~ code shall not be subject to review under any rules or regulations adopted by the behavioral sciences regulatory board. Such records and reports shall only be disclosed to such legislative committee, in accordance with K.S.A. 75-4319 and amend- ments thereto, in a closed or executive meeting. Except in limited con- ditions established by 2/3 of the members of such committee, records and reports received by the committee shall not be further disclosed. Unau- thorized disclosure may subject such member to discipline or censure from the house of representatives or senate. Sec. 35. On and after July 1, 1996, K.S.A. 38-1508 is hereby amended to read as follows: 38-1508. All records and reports concerning child abuse or neglect received by law enforcement agencies shall be kept separate from all other records and shall not be disclosed to anyone ex- cept:

(a) The judge and members of the court staff designated by the judge of the court having the child before it in any proceedings;

(b) the guardian ad litem and the parties to the proceedings and their attorneys, subject to the restrictions imposed by subsection (a)(2)(C) of K.S.A. 38-1507 and amendments thereto;

(d) any individual, or public or private agency authorized by a prop- erly constituted authority to diagnose, care for, treat or supervise a child who is the subject of a report or record of child abuse or neglect and specifically includes the following: Physicians, psychiatrists, nurse, nurse practitioners, psychologists, licensed social workers, child development specialists, physician assistants, community mental health workers, alco- hol and drug abuse counselors, and licensed or registered child care pro- viders. Teachers, administrators and school paraprofessionals shall have access but shall not copy materials in the file;

(e) law enforcement officers or county or district attorneys or their staff when necessary for the discharge of their official duties in investi- gating or prosecuting a report of known or suspected child abuse or ne- glect; ~~and~~

(f) any member of the standing house or senate committee on judi- ciary, house committee on appropriations, senate committee on ways and means, legislative post audit committee and joint committee on ~~children's initiatives~~ children and families, carrying out such member's or commit- tee's official functions; and

(g) any juvenile intake and assessment worker. Sec. 36. On and after July 1, 1996, K.S.A. 38-1522 is hereby amended to read as follows: 38-1522. (a) When any of the following per- sons has reason to suspect that a child has been injured as a result of physical, mental or emotional abuse or neglect or sexual abuse, the person shall report the matter promptly as provided in subsection (c) or (e): Persons licensed to practice the healing arts or dentistry; persons licensed to practice optometry; persons engaged in postgraduate training programs approved by the state board of healing arts; licensed psychologists; li- censed professional or practical nurses examining, attending or treating a child under the age of 18; teachers, school administrators or other em- ployees of a school which the child is attending; chief administrative of- ficers of medical care facilities; registered marriage and family therapists; persons licensed by the secretary of health and environment to provide child care services or the employees of persons so licensed at the place where the child care services are being provided to the child; licensed social workers; firefighters; emergency medical services personnel; me- diators appointed under K.S.A. 23-602 and amendments thereto; juvenile intake and assessment workers; and law enforcement officers. The report may be made orally and shall be followed by a written report if requested. When the suspicion is the result of medical examination or treatment of a child by a member of the staff of a medical care facility or similar institution, that staff member shall immediately notify the superinten- dent, manager or other person in charge of the institution who shall make a written report forthwith. Every written report shall contain, if known, the names and addresses of the child and the child's parents or other persons responsible for the child's care, the child's age, the nature and extent of the child's injury (including any evidence of previous injuries) and any other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the persons responsible for the injuries.

(b) Any other person who has reason to suspect that a child has been injured as a result of physical, mental or emotional abuse or neglect or sexual abuse may report the matter as provided in subsection (c) or (e).

(c) Except as provided by subsection (e), reports made pursuant to this section shall be made to the state department of social and rehabil- itation services. When the department is not open for business, the re- ports shall be made to the appropriate law enforcement agency. On the next day that the state department of social and rehabilitation services is open for business, the law enforcement agency shall report to the de- partment any report received and any investigation initiated pursuant to subsection (a) of K.S.A. 38-1524 and amendments thereto. The reports may be made orally or, on request of the department, in writing.

(d) Any person who is required by this section to report an injury to a child and who knows of the death of a child shall notify immediately the coroner as provided by K.S.A. 22a-242, and amendments thereto.

(e) Reports of child abuse or neglect occurring in an institution op- erated by the secretary shall be made to the attorney general. All other reports of child abuse or neglect by persons employed by or of children of persons employed by the state department of social and rehabilitation services shall be made to the appropriate law enforcement agency.

(f) Willful and knowing failure to make a report required by this sec- tion is a class B misdemeanor.

(g) Preventing or interfering with, with the intent to prevent, the making of a report required by this section is a class B misdemeanor. Sec. 37. On and after July 1, 1996, K.S.A. 1995 Supp. 38-1528 is hereby amended to read as follows: 38-1528. (a) To the extent possible, when any law enforcement officer takes into custody a child under the age of 18 years, without a court order, the child shall forthwith be deliv- ered to the custody of the child's parent or other custodian unless there are reasonable grounds to believe that such action would not be in the best interests of the child. Except as provided in subsection (b), if the child is not delivered to the custody of the child's parent or other custo- dian, the child shall forthwith be delivered to a facility or person desig- nated by the secretary or to a court designated shelter facility, court serv- ices officer, juvenile intake and assessment worker, licensed attendant care center or other person. If, after delivery of the child to a shelter facility, the person in charge of the shelter facility at that time and the law enforcement officer determine that the child will not remain in the shelter facility, the law enforcement officer shall deliver the child to a juvenile detention facility or other secure facility, designated by the court, where the child shall be detained for not more than 24 hours, excluding Saturdays, Sundays and legal holidays. It shall be the duty of the law enforcement officer to furnish to the county or district attorney, without unnecessary delay, all the information in the possession of the officer pertaining to the child, the child's parents or other persons interested in or likely to be interested in the child and all other facts and circumstances which caused the child to be taken into custody.

(b) When any law enforcement officer takes into custody any child as provided in subsection (c) of K.S.A. 38-1527 and amendments thereto, proceedings shall be initiated in accordance with the provisions of the interstate compact on juveniles, K.S.A. 38-1001 et seq. and amendments thereto. Any child taken into custody pursuant to the interstate compact on juveniles may be detained in a juvenile detention facility or other secure facility.

(c) Whenever a child under the age of 18 years is taken into custody by a law enforcement officer without a court order and is thereafter placed in the custody of a shelter facility, court services officer, juvenile intake and assessment worker, licensed attendant care center or other person as authorized by this code, the facility or person shall have physical custody and provide care and supervision for the child upon written ap- plication of the law enforcement officer. The application shall state:

(1) The name and address of the child, if known;

(2) the names and addresses of the child's parents or nearest relatives and persons with whom the child has been residing, if known; and

(3) the officer's belief that the child is a child in need of care and that there are reasonable grounds to believe that the circumstances or con- dition of the child is such that, unless the child is placed in the immediate custody of the shelter facility or other person, it would be harmful to the child.

(d) A copy of the application shall be furnished by the facility or person receiving the child to the county or district attorney without un- necessary delay.

(e) The shelter facility or other person designated by the court who has custody of the child pursuant to this section shall discharge the child not later than 48 hours following admission, excluding Saturdays, Sundays and legal holidays, unless a court has entered an order pertaining to tem- porary custody or release.

(f) In absence of a court order to the contrary, the county or district attorney or the placing law enforcement agency shall have the authority to direct at any time the release of the child.

(g) When any law enforcement officer takes into custody any child as provided in subsection (d) of K.S.A. 38-1527, and amendments thereto, the child shall forthwith be delivered to the school in which the child is enrolled, any location designated by the school in which the child is en- rolled to address truancy issues or the child's parent or other custodian. Sec. 38. On and after July 1, 1996, K.S.A. 38-1562 is hereby amended to read as follows: 38-1562. (a) At any time after a child has been adjudicated to be a child in need of care and prior to disposition, the judge shall permit any interested parties, and any persons required to be notified pursuant to subsection (b), to be heard as to proposals for appropriate disposition of the case.

(b) Before entering an order placing the child in the custody of a person other than the child's parent, the court shall require notice of the time and place of the hearing to be given to all the child's grandparents at their last known addresses or, if no grandparent is living or if no living grandparent's address is known, to the closest relative of each of the child's parents whose address is known. Such notice shall be given by restricted mail not less than 10 business days before the hearing and shall state that the person receiving the notice shall have an opportunity to be heard at the hearing. The provisions of this subsection shall not require additional notice to any person otherwise receiving notice of the hearing pursuant to K.S.A. 38-1536 and amendments thereto.

(c) Prior to entering an order of disposition, the court shall give con- sideration to the child's physical, mental and emotional condition; the child's need for assistance; the manner in which the parent participated in the abuse, neglect or abandonment of the child; any relevant infor- mation from the intake and assessment process; and the evidence received at the dispositional hearing. Sec. 39. On and after July 1, 1997, K.S.A. 38-1569 is hereby amended to read as follows: 38-1569. The report made by foster parents and provided by the department of social and rehabilitation services, pur- suant to K.S.A. 38-1565 ~~and 38-1664~~, and amendments thereto, shall be in substantially the following form:

REPORT FROM FOSTER PARENTS CONFIDENTIAL

_________________________________________________________
     _________________________________________________________

Child's Name                         Current Address

_________________________________________________________
     _________________________________________________________

Parent's Name                        Foster Parents

__________________________________________________________________

Primary Social Worker

Please circle the word which best describes the child's progress 1. Child's adjustment in the home

excellent                     good[wssatisfactory[wsneeds improvement

2. Child's interaction with foster parents and family members

excellent                     good[wssatisfactory[wsneeds improvement

3. Child's interaction with others

excellent                     good[wssatisfactory[wsneeds improvement

4. Child's respect for property

excellent                     good[wssatisfactory[wsneeds improvement

5. Physical and emotional condition of the child

excellent                     good[wssatisfactory[wsneeds improvement

6. Social worker's interaction with the child and foster family

excellent                     good[wssatisfactory[wsneeds improvement

7. School status of child:

 7. ______________________________________________________
     ______________________________________________________

School                                              Grade

Grades                                  Good ______Fair ______Poor ______

Attendance                              Good ______Fair ______Poor ______

Behavior                                Good ______Fair ______Poor ______

8. If visitation with parents has occurred, describe the frequency of visits, with whom, supervised or unsupervised, and any significant events which have occurred. _______________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 9. Your opinion regarding the overall adjustment, progress and condition of the child: ___________________________________________________________________________ ___________________________________________________________________________ 10. Do you have any special concerns or comments with regard to the child not addressed by this form? Please specify. _____________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

Sec. 40. On and after July 1, 1996, K.S.A. 1995 Supp. 38-1602 is hereby amended to read as follows: 38-1602. As used in this code, unless the context otherwise requires:

(a) ``Juvenile'' means a person 10 or more years of age but less than 18 years of age.

(b) ``Juvenile offender'' means a person who does an act while a ju- venile which if done by an adult would constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3105 and amendments thereto or who violates the provisions of K.S.A. 21-4204a or K.S.A. 41- 727 or subsection (j) of K.S.A. 74-8810, and amendments thereto, but does not include:

(1) A person 14 or more years of age who commits a traffic offense, as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;

(2) a person 16 years of age or over who commits an offense defined in chapter 32 of the Kansas Statutes Annotated;

(3) a person 16 years of age or over who is charged with a felony or with more than one offense of which one or more is a felony after having been adjudicated in a separate prior juvenile proceeding as having com- mitted an act which would constitute a felony if committed by an adult and the adjudications occurred prior to the date of the commission of the new act charged;

(4) a person who has been prosecuted as an adult by reason of sub- section (b)(3) and whose prosecution results in conviction of a crime;

(5) a person whose prosecution as an adult is authorized pursuant to K.S.A. 38-1636 and amendments thereto;

(6) a person who has been convicted of aggravated juvenile delin- quency as defined by K.S.A. 21-3611 and amendments thereto; or

(7) a person 16 years of age or over who has been adjudicated to be a juvenile offender under the Kansas juvenile offender's code and who is charged with committing a felony or more than one offense of which one or more is a felony while confined in any training or rehabilitation facility under the jurisdiction and control of the department of social and reha- bilitation services or while running away or escaping from any such in- stitution or facility.

(c) ``Parent,'' when used in relation to a juvenile or a juvenile of- fender, includes a guardian, conservator and every person who is by law liable to maintain, care for or support the juvenile.

(d) ``Law enforcement officer'' means any person who by virtue of that person's office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.

(e) ``Youth residential facility'' means any home, foster home or struc- ture which provides twenty-four-hour-a-day care for juveniles and which is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.

(f) ``Juvenile detention facility'' means any secure public or private facility which is used for the lawful custody of accused or adjudicated juvenile offenders and which must not be a jail.

(g) ``State youth center'' means a facility operated by the secretary for juvenile offenders.

(h) ``Warrant'' means a written order by a judge of the court directed to any law enforcement officer commanding the officer to take into cus- tody the juvenile named or described therein.

(i) ``Secretary'' means the secretary of social and rehabilitation serv- ices.

(j) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building as an adult jail or lockup, unless the facility meets all applicable licensure requirements under law and there is (A) total separation of the juvenile and adult facility spatial areas such that there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities; (B) total separation in all juvenile and adult program activities within the facilities, including rec- reation, education, counseling, health care, dining, sleeping, and general living activities; and (C) separate juvenile and adult staff, including man- agement, security staff and direct care staff such as recreational, educa- tional and counseling.

(k) ``Court-appointed special advocate'' means a responsible adult, other than an attorney appointed pursuant to K.S.A. 38-1606 and amend- ments thereto, who is appointed by the court to represent the best inter- ests of a child, as provided in ~~section 16 of 1994 Senate Bill No. 657~~ K.S.A. 1995 Supp. 38-1606a, and amendments thereto, in a proceeding pursuant to this code.

(l) ``Juvenile intake and assessment worker'' means a responsible adult authorized to perform intake and assessment services as part of the intake and assessment system established pursuant to section 7. Sec. 41. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1602, as amended by section 40 of this bill, is hereby amended to read as follows: 38-1602. As used in this code, unless the context otherwise requires:

(a) ``Juvenile'' means a person 10 or more years of age but less than 18 years of age.

(1) A person 14 or more years of age who commits a traffic offense, as defined in subsection (d) of K.S.A. 8-2117 and amendments thereto;

(2) a person 16 years of age or over who commits an offense defined in chapter 32 of the Kansas Statutes Annotated; or

~~(4) a person who has been prosecuted as an adult by reason of sub- section (b)(3) and whose prosecution results in conviction of a crime;~~

~~(5)~~ a person whose prosecution as an adult is authorized pursuant to K.S.A. 38-1636 and amendments thereto;

~~(6) a person who has been convicted of aggravated juvenile delin- quency as defined by K.S.A. 21-3611 and amendments thereto; or~~

(c) ``Parent,'' when used in relation to a juvenile or a juvenile of- fender, includes a guardian, conservator and every person who is by law liable to maintain, care for or support the juvenile.

(f) ``Juvenile detention facility'' means any secure public or private facility which is used for the lawful custody of accused or adjudicated juvenile offenders and which must not be a jail.

(g) ~~``State youth center''~~ ``Juvenile correctional facility'' means a fa- cility operated by the ~~secretary~~ commissioner for juvenile offenders.

(h) ``Warrant'' means a written order by a judge of the court directed to any law enforcement officer commanding the officer to take into cus- tody the juvenile named or described therein.

(i) ~~``Secretary'' means the secretary of social and rehabilitation serv- ices.~~ ``Commissioner'' means the commissioner of juvenile justice.

(j) ``Jail'' means:

(1) An adult jail or lockup; or

(k) ``Court-appointed special advocate'' means a responsible adult, other than an attorney appointed pursuant to K.S.A. 38-1606 and amend- ments thereto, who is appointed by the court to represent the best inter- ests of a child, as provided in K.S.A. 1995 Supp. 38-1606a, and amend- ments thereto, in a proceeding pursuant to this code.

(m) ``Institution'' means the following institutions: The juvenile cor- rectional facility at Atchison, the juvenile correctional facility at Beloit, the juvenile correctional facility at Larned, the juvenile correctional fa- cility at Osawatomie and the juvenile correctional facility at Topeka. Sec. 42. On and after July 1, 1997, K.S.A. 38-1604 is hereby amended to read as follows: 38-1604. (a) Except as provided in K.S.A. 38-1636 and 21-3611 and amendments thereto, proceedings concerning a juvenile who appears to be a juvenile offender shall be governed by the provisions of this code.

(b) The district court shall have original jurisdiction to receive and determine proceedings under this code.

(c) When jurisdiction is acquired by the district court over an alleged juvenile offender it may continue until the juvenile (1) has attained the age of 21 23 years, unless an adult sentence is imposed pursuant to an extended jurisdiction juvenile prosecution. If such adult sentence is im- posed, jurisdiction shall continue until discharged by the court or other process for the adult sentence; (2) has been discharged by the court; or (3) has been discharged under the provisions of K.S.A. 38-1675, and amendments thereto.

(d) ~~Unless the court finds that substantial injustice would result,~~ The provisions of this code shall govern with respect to acts done prior to the effective date of this code and with respect to juveniles alleged or adju- dicated to have done the acts, to the same extent as if the acts had been done on or after the effective date and the juveniles had been alleged or adjudicated to be juvenile offenders on or after July 1, 1997. Sec. 43. On and after July 1, 1997, K.S.A. 38-1605 is hereby amended to read as follows: 38-1605. (a) Venue for ~~adjudicatory~~ pro- ceedings in any case involving an alleged juvenile offender shall be in any county where any act of the alleged offense was committed.

(b) Except as provided in subsection (c), venue for ~~dispositional~~ sen- tencing proceedings in any case involving a juvenile alleged to be a ju- venile offender shall be in the county of the juvenile's residence or, if the juvenile is not a resident of this state, in the county where the alleged offense was committed. When the ~~dispositional~~ sentencing hearing is to be held in a county other than the county where the alleged offense was committed, the ~~adjudicating~~ trial judge shall transmit the record of the ~~adjudicatory hearing~~ trial, and recommendations as to ~~disposition~~ sen- tencing, to the court where the ~~dispositional~~ sentencing hearing is to be held.

(c) If the ~~adjudicatory hearing~~ trial is held in a county other than the county of the juvenile's residence, the ~~dispositional~~ sentencing hearing may be held in the county in which the ~~adjudicatory hearing~~ trial is held if the ~~adjudicating~~ trial judge, upon motion by the complainant or any person authorized to appeal, finds that it is in the best interests of the juvenile offender and the community that the ~~dispositional~~ sentencing hearing be held in the county where the act was committed. Sec. 44. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1606a is hereby amended to read as follows: 38-1606a. (a) In addition to the at- torney appointed pursuant to K.S.A. 38-1606 and amendments thereto, the court at any stage of a proceeding pursuant to this code may appoint a volunteer court-appointed special advocate for the child who shall serve until discharged by the court and whose primary duties shall be to ad- vocate the best interests of the child and assist the child in obtaining a permanent, safe and homelike placement. The court-appointed special advocate shall have such qualifications and perform such specific duties and responsibilities as prescribed by rule of the supreme court.

(b) Any person participating in a judicial proceeding as a court-ap- pointed special advocate shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any civil liability that otherwise might be incurred or imposed.

(c) The supreme court shall promulgate rules governing court-ap- pointed special advocate programs related to proceedings pursuant to this code in the district courts.

(d) This section shall be a part of and supplemental to the Kansas juvenile ~~offenders~~ justice code. Sec. 45. On and after July 1, 1996, K.S.A. 1995 Supp. 38-1607 is hereby amended to read as follows: 38-1607. (a) Official file. The official file of proceedings pursuant to this code shall consist of the complaint, process, service of process, orders, writs and journal entries reflecting hearings held and judgments and decrees entered by the court. The of- ficial file shall be kept separate from other records of the court.

(b) The official file shall be open for public inspection as to any ju- venile 14 or more years of age at the time any act is alleged to have been committed. Information identifying victims and alleged victims of sex of- fenses, as defined in K.S.A. chapter 21, article 35, shall not be disclosed or open to public inspection under any circumstances. Nothing in this section shall prohibit the victim or alleged victim of any sex offense from voluntarily disclosing their identity. The official file and information iden- tifying the victim or alleged victim of any sex offense shall be privileged as to any other juvenile and shall not be disclosed directly or indirectly to anyone except:

(1) A judge of the district court and members of the staff of the court designated by the judge;

(2) parties to the proceedings and their attorneys;

(3) any individual, or any public or private agency or institution, hav- ing custody of the juvenile under court order or providing educational, medical or mental health services to the juvenile or a court-approved advocate for the juvenile or any placement provider or potential place- ment provider as determined by the secretary or court services officer;

(4) law enforcement officers or county or district attorneys or their staff when necessary for the discharge of their official duties;

(5) the Kansas racing commission, upon written request of the com- mission chairperson, for the purpose provided by K.S.A. 74-8804, and amendments thereto; ~~and~~

(6) the juvenile intake and assessment workers; and

(7) any other person when authorized by a court order, subject to any conditions imposed by the order.

(c) Social file. Reports and information received by the court other than the official file shall be privileged and open to inspection only by attorneys for the parties, juvenile intake and assessment worker or upon order of a judge of the district court or an appellate court. The reports shall not be further disclosed by the attorney without approval of the court or by being presented as admissible evidence.

(d) Preservation of records. The Kansas state historical society shall be allowed to take possession for preservation in the state archives of any court records related to proceedings under the Kansas juvenile offenders code whenever such records otherwise would be destroyed. The Kansas state historical society shall make available for public inspection any unex- punged docket entry or official file in its custody concerning any juvenile 16 or more years of age at the time an offense is alleged to have been committed by the juvenile. No other such records in the custody of the Kansas state historical society shall be disclosed directly or indirectly to anyone for 80 years after creation of the records, except as provided in subsections ~~(a) and~~ (b) and (c). Pursuant to subsections ~~(a)(6)~~ (b)(7) and ~~(b)~~ (c), a judge of the district court may allow inspection for research purposes of any court records in the custody of the Kansas state historical society related to proceedings under the Kansas juvenile offenders code.

(e) Relevant information, reports and records shall be made available to the department of corrections upon request and a showing that the former juvenile has been convicted of a crime and placed in the custody of the secretary of the department of corrections. Sec. 46. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1607, as amended by section 45 of this bill, is hereby amended to read as follows: 38-1607. (a) Official file. The official file of proceedings pursuant to this code shall consist of the complaint, process, service of process, orders, writs and journal entries reflecting hearings held and judgments and de- crees entered by the court. The official file shall be kept separate from other records of the court.

(b) The official file shall be open for public inspection as to any ju- venile 14 or more years of age at the time any act is alleged to have been committed or as to any juvenile less than 14 years of age at the time any act is alleged to have been committed except if the judge determines that opening the official file for public inspection is not in the best interest of such juvenile who is less than 14 years of age. Information identifying victims and alleged victims of sex offenses, as defined in K.S.A. chapter 21, article 35, shall not be disclosed or open to public inspection under any circumstances. Nothing in this section shall prohibit the victim or alleged victim of any sex offense from voluntarily disclosing their identity. The official file and information identifying the victim or alleged victim of any sex offense shall be privileged as to any other juvenile and shall not be disclosed directly or indirectly to anyone except: If the judge de- termines that a juvenile file, for a juvenile who is less than 14 years of age, shall not be open for public inspection, the official file and informa- tion identifying the victim or alleged victim of any sex offense shall be disclosed only to the following parties:

(1) A judge of the district court and members of the staff of the court designated by the judge;

(2) parties to the proceedings and their attorneys;

(3) any individual, or any public or private agency or institution, hav- ing custody of the juvenile under court order or providing educational, medical or mental health services to the juvenile or a court-approved advocate for the juvenile or any placement provider or potential place- ment provider as determined by the ~~secretary~~ commissioner or court serv- ices officer;

(4) law enforcement officers or county or district attorneys or their staff when necessary for the discharge of their official duties;

(5) the Kansas racing commission, upon written request of the com- mission chairperson, for the purpose provided by K.S.A. 74-8804, and amendments thereto;

(6) the juvenile intake and assessment workers; ~~and~~

(7) the commissioner of juvenile justice; and

~~(7)~~ (8) any other person when authorized by a court order, subject to any conditions imposed by the order.

(c) Social file. Reports and information received by the court other than the official file shall be privileged and open to inspection only by attorneys for the parties, juvenile intake and assessment workers or upon order of a judge of the district court or an appellate court. The reports shall not be further disclosed by the attorney without approval of the court or by being presented as admissible evidence.

(d) Preservation of records. The Kansas state historical society shall be allowed to take possession for preservation in the state archives of any court records related to proceedings under the Kansas juvenile ~~offenders~~ justice code whenever such records otherwise would be destroyed. The Kansas state historical society shall make available for public inspection any unexpunged docket entry or official file in its custody concerning any juvenile 16 or more years of age at the time an offense is alleged to have been committed by the juvenile. No other such records in the custody of the Kansas state historical society shall be disclosed directly or indirectly to anyone for 80 years after creation of the records, except as provided in subsections (b) and (c). Pursuant to subsections (b)(7) and (c), a judge of the district court may allow inspection for research purposes of any court records in the custody of the Kansas state historical society related to proceedings under the Kansas juvenile ~~offenders~~ justice code.

(e) Relevant information, reports and records shall be made available to the department of corrections upon request and a showing that the former juvenile has been convicted of a crime and placed in the custody of the secretary of the department of corrections. Sec. 47. On and after July 1, 1996, K.S.A. 1995 Supp. 38-1608 is hereby amended to read as follows: 38-1608. (a) All records of law en- forcement officers and agencies and municipal courts concerning a public offense committed or alleged to have been committed by a juvenile under 16 years of age shall be kept readily distinguishable from criminal and other records and shall not be disclosed to anyone except:

(1) The judge and members of the court staff designated by the judge of a court having the juvenile before it in any proceedings;

(2) parties to the proceedings and their attorneys;

(3) the department of social and rehabilitation services;

(4) any individual, or any officer of a public or private agency or in- stitution, having custody of the juvenile under court order or providing educational, medical or mental health services to the juvenile or a court- approved advocate for the juvenile;

(5) law enforcement officers or county or district attorneys or their staff when necessary for the discharge of their official duties;

(6) the central repository, as defined by K.S.A. 22-4701 and amend- ments thereto, for use only as a part of the juvenile offender information system established under K.S.A. 38-1618 and amendments thereto;

(7) juvenile intake and assessment workers;

~~(7)~~ (8) any other person when authorized by a court order, subject to any conditions imposed by the order; and

~~(8)~~ (9) as provided in subsection (c).

(b) The provisions of this section shall not apply to records concern- ing:

(1) A violation, by a person 14 or more years of age, of any provision of chapter 8 of the Kansas Statutes Annotated or of any city ordinance or county resolution which relates to the regulation of traffic on the roads, highways or streets or the operation of self-propelled or nonself-propelled vehicles of any kind;

(2) a violation, by a person 16 or more years of age, of any provision of chapter 32 of the Kansas Statutes Annotated; or

(3) an offense for which the juvenile is prosecuted as an adult.

(c) All records of law enforcement officers and agencies and munic- ipal courts concerning a public offense committed or alleged to have been committed by a juvenile 14 or more years of age shall be subject to the same disclosure restrictions as the records of adults. Information identi- fying victims and alleged victims of sex offenses, as defined in K.S.A. chapter 21, article 35, shall not be disclosed or open to public inspection under any circumstances. Nothing in this section shall prohibit the victim or any alleged victim of any sex offense from voluntarily disclosing their identity.

(e) All records, reports and information obtained as a part of the juvenile intake and assessment process for juvenile offenders shall be con- fidential and shall not be disclosed except as provided in this section or by supreme court administrative orders.

(1) Any court of record may order the disclosure of such records, reports and other information to any person or entity.

(2) The head of any juvenile intake and assessment program, certified pursuant to supreme court administrative orders, may authorize disclo- sure of such records, reports and other information to:

(A) A person licensed to practice the healing arts who has before that person a child whom the person reasonably suspects may be abused or neglected;

(B) a court-appointed special advocate for a child, which advocate reports to the court, or an agency having the legal responsibility or au- thorization to care for, treat or supervise a child;

(C) a parent or other person responsible for the welfare of a child, or such person's legal representative, with protection for the identity of per- sons reporting and other appropriate persons;

(D) the child or the guardian ad litem for such child;

(E) the police or other law enforcement agency;

(G) a person who is a member of a multidisciplinary team;

(H) an agency authorized by a properly constituted authority to di- agnose, care for, treat or supervise a child who is the subject of a report or record of child abuse or neglect;

(I) any individual, or public or private agency authorized by a prop- erly constituted authority to diagnose, care for, treat or supervise a child who is the subject of a report or record of child abuse or neglect and specifically includes the following: Physicians, psychiatrists, nurses, nurse practitioners, psychologists, licensed social workers, child development specialists, physicians' assistants, community mental health workers, al- cohol and drug abuse counselors and licensed or registered child care providers;

(J) a citizen review board;

(K) an educational institution to the extent allowed pursuant to law or pursuant to a court order, if related to a juvenile that is required to attend such educational institution as part of an immediate intervention program, probation or post-release supervision;

(L) any judge or court services officer within the state of Kansas; and

(M) any community corrections officer which has the child under court ordered supervision.

(3) To any juvenile intake and assessment worker of another certified juvenile intake and assessment program. Sec. 48. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1608, as amended by section 47 of this bill, is hereby amended to read as follows: 38-1608. (a) All records of law enforcement officers and agencies and municipal courts concerning a public offense committed or alleged to have been committed by a juvenile under 16 years of age shall be kept readily distinguishable from criminal and other records and shall not be disclosed to anyone except:

(1) The judge and members of the court staff designated by the judge of a court having the juvenile before it in any proceedings;

(2) parties to the proceedings and their attorneys;

(3) the department of social and rehabilitation services;

(5) law enforcement officers or county or district attorneys or their staff when necessary for the discharge of their official duties;

(7) juvenile intake and assessment workers;

(8) juvenile justice authority;

~~(8)~~ (9) any other person when authorized by a court order, subject to any conditions imposed by the order; and

~~(9)~~ (10) as provided in subsection (c).

(b) The provisions of this section shall not apply to records concern- ing:

(2) a violation, by a person 16 or more years of age, of any provision of chapter 32 of the Kansas Statutes Annotated; or

(3) an offense for which the juvenile is prosecuted as an adult.

(e) All records, reports and information obtained as a part of the juvenile intake and assessment process for juvenile offenders shall be confidential and shall not be disclosed except as provided in this section or by ~~supreme court administrative orders~~ rules and regulations estab- lished by the commissioner of juvenile justice.

(1) Any court of record may order the disclosure of such records, reports and other information to any person or entity.

(2) The head of any juvenile intake and assessment program, certified pursuant to ~~supreme court administrative orders~~ the commissioner of ju- venile justice, may authorize disclosure of such records, reports and other information to:

(A) A person licensed to practice the healing arts who has before that person a child whom the person reasonably suspects may be abused or neglected;

(B) a court-appointed special advocate for a child, which advocate reports to the court, or an agency having the legal responsibility or au- thorization to care for, treat or supervise a child;

(C) a parent or other person responsible for the welfare of a child, or such person's legal representative, with protection for the identity of persons reporting and other appropriate persons;

(D) the child or the guardian ad litem for such child;

(E) the police or other law enforcement agency;

(G) a person who is a member of a multidisciplinary team;

(H) an agency authorized by a properly constituted authority to di- agnose, care for, treat or supervise a child who is the subject of a report or record of child abuse or neglect;

(I) any individual, or public or private agency authorized by a properly constituted authority to diagnose, care for, treat or supervise a child who is the subject of a report or record of child abuse or neglect and specif- ically includes the following: Physicians, psychiatrists, nurses, nurse prac- titioners, psychologists, licensed social workers, child development spe- cialists, physicians' assistants, community mental health workers, alcohol and drug abuse counselors and licensed or registered child care providers;

(J) a citizen review board;

(K) an educational institution if related to a juvenile that is required to attend such educational institution as part of an immediate intervention program, probation or post-release supervision.

(3) To any juvenile intake and assessment worker of another certified juvenile intake and assessment program. Sec. 49. On and after July 1, 1997, K.S.A. 38-1609 is hereby amended to read as follows: 38-1609. (a) The diagnostic, treatment or medical records of any juvenile offender shall be privileged and shall not be disclosed except:

(1) Upon the written consent of the former juvenile or, if the juvenile offender is under 18 years of age, by the parent of the juvenile;

(2) upon a determination by the head of the treatment facility, who has the records, that disclosure is necessary for the further treatment of the juvenile offender;

(3) when any court having jurisdiction of the juvenile offender orders disclosure;

(4) when authorized by K.S.A. 38-1614 and amendments thereto; or

(5) when requested orally or in writing by any attorney representing the juvenile offender, but the records shall not be further disclosed by the attorney unless approved by the court or presented as admissible evidence; or

(6) upon a written request of a juvenile intake and assessment worker in regard to an alleged juvenile offender when the information is needed for screening and assessment purposes or placement decisions, but the records shall not be further disclosed by the worker unless approved by the court.

(b) Willful violation of this section is a class C misdemeanor.

(c) Nothing in this section shall operate to extinguish any right of a juvenile offender established by attorney-client, physician-patient, psy- chologist-client or social worker-client privileges.

(d) Relevant information, reports and records shall be made available to the department of corrections upon request and a showing that the former juvenile has been convicted of a crime and placed in the custody of the secretary of the department of corrections. Sec. 50. On and after July 1, 1997, K.S.A. 38-1610 is hereby amended to read as follows: 38-1610. (a) Except as provided in subsection (b), any records or files specified in this code concerning a juvenile of- fender may be expunged upon application to a judge of the court of the county in which the records or files are maintained. The application for expungement may be made by the person who is the juvenile offender or, if the person is a juvenile, by the person's parent or next friend.

(b) There shall be no expungement of records or files concerning acts committed by a juvenile which, if committed by an adult, would constitute a violation of K.S.A. 21-3503, 21-3504, 21-3506, 21-3509, 21-3510, 21- 3511, 21-3516, 21-3603, 21-3608 or 21-3609 and amendments thereto or which would constitute an attempt to commit a violation of any of the offenses specified in this subsection.

(c) When a petition for expungement is filed, the court shall set a date for a hearing on the petition and shall give notice thereof to the county or district attorney. The petition shall state: (1) The juvenile's full name; (2) the full name of the juvenile at the time of the ~~adjudication~~ trial, if different than (1); (3) the juvenile's sex and date of birth; (4) the offense for which the juvenile was adjudicated; (5) the date of the ~~adju- dication~~ trial; and (6) the identity of the ~~adjudicating~~ trial court. There shall be no docket fee for filing a petition pursuant to this section. All petitions for expungement shall be docketed in the original action. Any person who may have relevant information about the petitioner may tes- tify at the hearing. The court may inquire into the background of the petitioner.

(d) (1) After hearing, the court shall order the expungement of the records and files if the court finds that:

(A) The person has reached 21 23 years of age or that two years have elapsed since the final discharge of the person;

(B) since the final discharge of the person, the person has not been convicted of a felony or of a misdemeanor other than a traffic offense or adjudicated a delinquent or miscreant under the Kansas juvenile code or a juvenile offender under the Kansas juvenile ~~offenders~~ justice code and no proceedings are pending seeking such a conviction or adjudication; and

(2) The court may require that all court costs, fees and restitution shall be paid.

(e) Upon entry of an order expunging records or files, the offense which the records or files concern shall be treated as if it never occurred, except that ~~(1) the offense may be considered in determining whether a juvenile is a person described by subsection (b)(3) of K.S.A. 38-1602 and amendments thereto; and (2)~~ upon conviction of a crime or adjudication in a subsequent action under this code the offense may be considered in determining the sentence to be imposed ~~or disposition to be made~~. The person, the court and all law enforcement officers and other public offices and agencies shall properly reply on inquiry that no record or file exists with respect to the person. Inspection of the expunged files or records thereafter may be permitted by order of the court upon petition by the person who is the subject thereof. The inspection shall be limited to inspection by the person who is the subject of the files or records and those persons designated by that person.

(f) Copies of any order made pursuant to subsection (a) or (c) shall be sent to each public officer and agency in the county having possession of any records or files ordered to be expunged. If the officer or agency fails to comply with the order within a reasonable time after its receipt, the officer or agency may be adjudged in contempt of court and punished accordingly.

(g) The court shall inform any juvenile who has been adjudicated a juvenile offender of the provisions of this section.

(h) Nothing in this section shall be construed to prohibit the main- tenance of information relating to an offense after records or files con- cerning the offense have been expunged if the information is kept in a manner that does not enable identification of the offender.

(i) Nothing in this section shall be construed to permit or require expungement of files or records related to a child support order registered pursuant to the Kansas juvenile ~~offenders~~ justice code.

(j) Whenever the records or files of any adjudication have been ex- punged under the provisions of this section, the custodian of the records or files of adjudication relating to that offense shall not disclose the exis- tence of such records or files, except when requested by:

(1) The person whose record was expunged;

(2) a criminal justice agency, private detective agency or a private patrol operator, and the request is accompanied by a statement that the request is being made in conjunction with an application for employment with such agency or operator by the person whose record has been ex- punged;

(3) a court, upon a showing of a subsequent conviction of the person whose record has been expunged;

(4) the secretary of social and rehabilitation services, or a designee of the secretary, for the purpose of obtaining information relating to em- ployment in an institution, as defined in K.S.A. 76-12a01 and amendments thereto, of the department of social and rehabilitation services of any person whose records has been expunged;

(5) a person entitled to such information pursuant to the terms of the expungement order;

(6) the Kansas lottery, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for employment with the Kansas lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by the executive director of the Kansas lottery;

(7) the governor or the Kansas racing commission, or a designee of the commission, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for executive director of the commission, for employment with the commission, for work in sensitive areas in parimutuel racing as deemed appropriate by the executive director of the commission or for licensure, renewal of licensure or continued licensure by the commission; or

(8) the Kansas sentencing commission. Sec. 51. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1611 is hereby amended to read as follows: 38-1611. (a) Fingerprints or photo- graphs shall not be taken of any juvenile who is taken into custody for any purpose, except that:

(1) Fingerprints or photographs of the juvenile may be taken if au- thorized by a judge of the district court having jurisdiction;

(2) a juvenile's fingerprints shall be taken, and photographs of a ju- venile may be taken, immediately upon taking the juvenile into custody or upon first appearance or in any event before final ~~disposition~~ sentenc- ing, before the court for an offense which, if committed by a person 18 or more years of age, would make the person liable to be arrested and prosecuted for the commission of a felony as defined by K.S.A. 21-3105 and amendments thereto or a class A or B misdemeanor; and

(3) fingerprints or photographs of a juvenile may be taken under K.S.A. 21-2501 and amendments thereto if the juvenile has been:

(A) Prosecuted as an adult by reason of subsection (b)(3) of K.S.A. 38-1602 or 38-1636, and amendments thereto; or

(B) convicted of aggravated juvenile delinquency as defined by K.S.A. 21-3611 and amendments thereto; or

(b) Fingerprints and photographs taken under subsection (a)(1) or (2) shall be kept readily distinguishable from those of persons of the age of majority. Fingerprints and photographs taken under subsection (a)(3) may be kept in the same manner as those of persons of the age of majority.

(1) Fingerprints and photographs may be sent to a state or federal repository if authorized by a judge of the district court having jurisdiction;

(2) a juvenile's fingerprints shall, and photographs of a juvenile may, be sent to a state or federal repository if taken under subsection (a)(2); and

(3) fingerprints or photographs taken under subsection (a)(3) shall be processed and disseminated in the same manner as those of persons of the age of majority.

(d) Fingerprints or photographs of a juvenile may be furnished to another juvenile justice agency, as defined by K.S.A. 38-1617 and amend- ments thereto, if the other agency has a legitimate need for the finger- prints or photographs.

(e) Any fingerprints or photographs of a juvenile taken under the provisions of subsection (a)(2) as it existed before the effective date of this act may be sent to a state or federal repository on or before December 31, 1984.

(f) Any law enforcement agency that willfully fails to make any report required by this section shall be liable to the state for the payment of a civil penalty, recoverable in an action brought by the attorney general, in an amount not exceeding $500 for each report not made. Any civil penalty recovered under this subsection shall be paid into the state general fund.

(g) The director of the Kansas bureau of investigation shall adopt any rules and regulations necessary to implement, administer and enforce the provisions of this section, including time limits within which fingerprints shall be sent to a state or federal repository when required by this section.

(h) Nothing in this section shall preclude the custodian of a juvenile from authorizing photographs or fingerprints of the juvenile to be used in any action under the Kansas parentage act. Sec. 52. On and after July 1, 1997, K.S.A. 38-1613 is hereby amended to read as follows: 38-1613. (a) Docket fee. The docket fee for proceedings under this code, if one is assessed as provided by this section, shall be $16.50. Only one docket fee shall be assessed in each case.

(b) Expenses. The expenses for proceedings under this code, includ- ing fees and mileage allowed witnesses and fees and expenses approved by the court for appointed attorneys, shall be paid by the board of county commissioners from the general fund of the county.

(c) Assessment of docket fee and expenses. (1) Docket fee. The docket fee may be assessed or waived by the court conducting the initial ~~dispos- itional~~ sentencing hearing and may be assessed against the complaining witness, the person initiating the prosecution, the juvenile offender or the parent of the juvenile offender. Any docket fee received shall be remitted to the state treasurer pursuant to K.S.A. 20-362, and amend- ments thereto.

(2) Waiver and assessment. Expenses may be waived or assessed against the complaining witness, the person initiating the prosecution, the juvenile offender or a parent of the juvenile offender. When expenses are recovered from a party against whom they have been assessed the general fund of the county shall be reimbursed in the amount of the recovery.

(3) Prohibited assessment. Docket fees or expenses shall not be as- sessed against the state, a political subdivision of the state, an agency of the state or of a political subdivision of the state or a person acting in the capacity of an employee of the state or of a political subdivision of the state.

(d) Cases in which venue is transferred. If venue is transferred from one county to another, the court from which the case is transferred shall send to the receiving court a statement of expenses paid from the general fund of the sending county. If the receiving court collects any of the expenses owed in the case, the receiving court shall pay to the sending court an amount proportional to the sending court's share of the total expenses owed to both counties. The expenses of the sending county shall not be an obligation of the receiving county except to the extent that the sending county's proportion of the expenses is collected by the receiving court. All amounts collected shall first be applied toward payment of the docket fee. Sec. 53. On and after July 1, 1997, K.S.A. 38-1614 is hereby amended to read as follows: 38-1614. (a) Physical care and treatment. (1) When the health or condition of a juvenile who is subject to the jurisdic- tion of the court requires it, the court may consent to the performing and furnishing of hospital, medical, surgical or dental treatment or procedures including the release and inspection of medical or dental records.

(2) When the health or condition of a juvenile requires it and the juvenile has been placed in the custody of a person other than a parent or placed in or committed to a facility, the custodian or an agent desig- nated by the custodian shall have authority to consent to the performance and furnishing of hospital, medical, surgical or dental treatment or pro- cedures including the release and inspection of medical or dental records, subject to terms and conditions the court considers proper. The provi- sions of this subsection shall also apply to juvenile felons, as defined in K.S.A. 38-16,112, ~~and amendments thereto~~ prior to its repeal, who have been placed in a ~~youth center~~ juvenile correctional facility pursuant to K.S.A. 75-5206, and amendments thereto.

(3) Any health care provider, who in good faith renders hospital, med- ical, surgical or dental care or treatment to any juvenile after a consent has been obtained as authorized by this section, shall not be liable in any civil or criminal action for failure to obtain consent of a parent.

(4) Nothing in this section shall be construed to mean that any person shall be relieved of legal responsibility to provide care and support for a juvenile.

(b) Mental care and treatment. If it is brought to the court's attention, while the court is exercising jurisdiction over the person of a juvenile under this code, that the juvenile may be a mentally ill person as defined in K.S.A. 59-2902, and amendments thereto, the court may:

(1) Direct or authorize the county or district attorney or the person supplying the information to file the application provided for in K.S.A. 59-2913, and amendments thereto, and proceed to hear and determine the issues raised by the application as provided in the treatment act for mentally ill persons; or

(2) authorize that the juvenile seek voluntary admission to a treat- ment facility as provided in K.S.A. 59-2905, and amendments thereto.

The application to determine whether the juvenile is a mentally ill person may be filed in the same proceedings as the petition alleging the juvenile to be a juvenile offender or may be brought in separate pro- ceedings. In either event, the court may enter an order staying any further proceedings under this code until all proceedings have been concluded under the treatment act for mentally ill persons. Sec. 54. On July 1, 1996, K.S.A. 1995 Supp. 38-1616 is hereby amended to read as follows: 38-1616. (a) How paid. (1) If a juvenile accused of being or adjudicated to be a juvenile offender is not eligible for assistance under K.S.A. 39-709 and amendments thereto, expenses for the care and custody of the juvenile shall be paid out of the general fund of the county in which the proceedings are brought. For the purpose of this section, a juvenile who is a nonresident of the state of Kansas or whose residence is unknown shall have residence in the county where the proceedings are instituted.

(2) When a law enforcement officer has taken a juvenile into custody as authorized by subsection (a) of K.S.A. 38-1624 and amendments thereto and delivered the juvenile to a person or facility, other than a juvenile detention facility, designated by the secretary or when custody of a juvenile is awarded to the secretary, the expenses of the care and custody of the juvenile may be paid by the secretary out of the state social welfare fund, subject to payment or reimbursement as required in sub- section (b), even though the juvenile does not meet the eligibility stan- dards of K.S.A. 39-709 and amendments thereto.

(3) When the custody of a juvenile is awarded to the secretary of social and rehabilitation services, the expenses for the care and custody of the juvenile from the date of custody forward shall not be paid out of the county general fund, except as provided in subsection (d). In no event shall the payment authorized by this subsection exceed the state approved rate.

(4) Nothing in this section shall be construed to mean that any person shall be relieved of legal responsibility to support a juvenile.

(b) Reimbursement to county general fund. (1) When expenses for the care and custody of a juvenile accused of being or adjudicated to be a juvenile offender have been paid out of the county general fund of any county in this state, the court may fix a time and place for hearing on the question of requiring payment or reimbursement of all or part of the expenses by a person who by law is liable to maintain, care for or support the juvenile.

(2) The court, after notice to the person who by law is liable to main- tain, care for or support the juvenile, may hear and dispose of the matter and may enter an order relating to payment of expenses for care and custody of the juvenile. If the person willfully fails or refuses to pay the sum, the person may be adjudged in contempt of court and punished accordingly.

(3) Any county which makes payment to maintain, care for or support an accused or adjudicated juvenile offender may bring a separate action against a person who by law is liable to maintain, care for or support such juvenile for the reimbursement of expenses paid out of the county general fund for the care and custody of the juvenile.

(c) Reimbursement to state social welfare fund. When expenses for the care and custody of a juvenile accused of being or adjudicated to be a juvenile offender have been paid out of the state social welfare fund, the secretary may recover the expenses pursuant to K.S.A. 39-709, 39- 718a, 39-718b or 39-755, and amendments thereto, or as otherwise pro- vided by law, from any person who by law is liable to maintain, care for or support the juvenile.

The secretary shall have the power to compromise and settle any claim due or any amount claimed to be due to the secretary from any person who by law is liable to maintain, care for or support the juvenile.

(d) When a county has made an interlocal agreement to maintain, care for or support juvenile offenders who are residents of another county and such other county is a party to the interlocal agreement with the county which performs the actual maintenance, care and support of the accused or adjudicated juvenile offender, such county of residence may pay from its county general fund to the other county whatever amount is agreed upon in the interlocal agreement irrespective of any amount paid or to be paid by the state department of social and rehabilitation services. The state department of social and rehabilitation services shall not di- minish the amount it would otherwise reimburse any such county for maintaining, caring for and supporting any such accused or adjudicated juvenile offender because of any payment under such an interlocal agree- ment. Sec. 55. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1616, as amended by section 54 of this bill, is hereby amended to read as follows: 38-1616. (a) How paid. (1) If a juvenile accused of being or adjudicated to be a juvenile offender is not eligible for assistance under K.S.A. 39- 709 and amendments thereto, expenses for the care and custody of the juvenile shall be paid out of the general fund of the county in which the proceedings are brought. For the purpose of this section, a juvenile who is a nonresident of the state of Kansas or whose residence is unknown shall have residence in the county where the proceedings are instituted.

(2) When a law enforcement officer has taken a juvenile into custody as authorized by subsection (a) of K.S.A. 38-1624 and amendments thereto and delivered the juvenile to a person or facility, other than a juvenile detention facility, designated by the ~~secretary~~ commissioner or when custody of a juvenile is awarded to the ~~secretary~~ commissioner, the expenses of the care and custody of the juvenile may be paid by the ~~secretary out of the state social welfare fund~~ commissioner, subject to payment or reimbursement as required in subsection (b), even though the juvenile does not meet the eligibility standards of K.S.A. 39-709 and amendments thereto.

(3) When the custody of a juvenile is awarded to the ~~secretary of social and rehabilitation services~~ commissioner, the expenses for the care and custody of the juvenile from the date of custody forward shall not be paid out of the county general fund, except as provided in subsection (d). In no event shall the payment authorized by this subsection exceed the state approved rate.

(4) Nothing in this section shall be construed to mean that any person shall be relieved of legal responsibility to support a juvenile.

(c) Reimbursement to ~~state social welfare fund~~ the commissioner. When expenses for the care and custody of a juvenile accused of being or adjudicated to be a juvenile offender have been paid ~~out of the state social welfare fund~~ by the commissioner, the ~~secretary~~ commissioner may recover the expenses ~~pursuant to K.S.A. 39-709, 39-718a, 39-718b or 39- 755, and amendments thereto, or as otherwise~~ as provided by law, from any person who by law is liable to maintain, care for or support the ju- venile. The ~~secretary~~ commissioner shall have the power to compromise and settle any claim due or any amount claimed to be due to the ~~secretary~~ commissioner from any person who by law is liable to maintain, care for or support the juvenile. The commissioner may contract with a state agency, contract with an individual or hire personnel to collect the re- imbursements required under this subsection.

(d) When a county has made an interlocal agreement to maintain, care for or support juvenile offenders who are residents of another county and such other county is a party to the interlocal agreement with the county which performs the actual maintenance, care and support of the accused or adjudicated juvenile offender, such county of residence may pay from its county general fund to the other county whatever amount is agreed upon in the interlocal agreement irrespective of any amount paid or to be paid by the ~~state department of social and rehabilitation services~~ juvenile justice authority. The ~~state department of social and rehabilita- tion services~~ juvenile justice authority shall not diminish the amount it would otherwise reimburse any such county for maintaining, caring for and supporting any such accused or adjudicated juvenile offender because of any payment under such an interlocal agreement. Sec. 56. On and after July 1, 1996, K.S.A. 38-1617 is hereby amended to read as follows: 38-1617. As used in K.S.A. 38-1618 and amendments thereto, unless the context otherwise requires:

(a) ``Central repository'' has the meaning provided by K.S.A. 22-4701 and amendments thereto.

(b) ``Director'' means the director of the Kansas bureau of investi- gation.

(c) ``Juvenile offender information'' means data relating to juveniles alleged or adjudicated to be juvenile offenders, offenses committed or alleged to have been committed by juveniles in proceedings pursuant to the Kansas juvenile code or Kansas juvenile offenders code.

(d) ``Juvenile justice agency'' means any county or district attorney, law enforcement agency of this state or of any political subdivision of this state, court of this state or of a municipality of this state, administrative agency of this state or any political subdivision of this state, state youth center or juvenile detention facility.

(e) ``Reportable event'' means:

(1) Issuance of a warrant to take a juvenile into custody;

(2) taking a juvenile into custody pursuant to this code;

(3) release of a juvenile who has been taken into custody pursuant to this code, without the filing of a complaint;

(4) dismissal of a complaint filed pursuant to this code;

(5) an adjudication in a proceeding pursuant to this code;

(6) a disposition in a proceeding pursuant to this code;

(7) commitment to or placement in a youth residential facility, juve- nile detention facility or state youth center pursuant to this code;

(8) release or discharge from commitment or jurisdiction of the court pursuant to this code;

(9) escape from commitment or placement pursuant to this code;

(10) entry of a judgment of an appellate court that reverses adjudi- cation or disposition pursuant to this code;

(11) an order authorizing prosecution as an adult; or

(12) the issuance of an intake and assessment report; or

(13) any other event arising out of or occurring during the course of proceedings pursuant to this code and declared to be reportable by rules and regulations of the director. Sec. 57. On and after July 1, 1997, K.S.A. 38-1617, as amended by section 56 of this bill, is hereby amended to read as follows: 38-1617. As used in K.S.A. 38-1618 and amendments thereto, unless the context oth- erwise requires:

(a) ``Central repository'' has the meaning provided by K.S.A. 22-4701 and amendments thereto.

(b) ``Director'' means the director of the Kansas bureau of investi- gation.

(e) ``Reportable event'' means:

(1) Issuance of a warrant to take a juvenile into custody;

(2) taking a juvenile into custody pursuant to this code;

(3) release of a juvenile who has been taken into custody pursuant to this code, without the filing of a complaint;

(4) dismissal of a complaint filed pursuant to this code;

(5) ~~an adjudication~~ a trial in a proceeding pursuant to this code;

(6) a ~~disposition~~ sentence in a proceeding pursuant to this code;

(7) commitment to or placement in a youth residential facility, juve- nile detention facility or ~~state youth center~~ juvenile correctional facility pursuant to this code;

(8) release or discharge from commitment or jurisdiction of the court pursuant to this code;

(9) escape from commitment or placement pursuant to this code;

(10) entry of a judgment of an appellate court that reverses ~~adjudi- cation or disposition~~ the trial court or sentence pursuant to this code;

(11) an order authorizing prosecution as an adult;

(12) the issuance of an intake and assessment report;

(13) the report from a reception and diagnostic center; or

(14) any other event arising out of or occurring during the course of proceedings pursuant to this code and declared to be reportable by rules and regulations of the director. Sec. 58. On and after July 1, 1996, K.S.A. 38-1618 is hereby amended to read as follows: 38-1618. (a) In order to properly advise the three branches of government on the operation of the juvenile justice system, there is hereby established within and as a part of the central repository, as defined by K.S.A. 22-4701 and amendments thereto, a ju- venile offender information system. The system shall serve as a repository of juvenile offender information which is collected by juvenile justice agencies and reported to the system. Unless extended by an official action of the Kansas criminal justice coordinating council, the juvenile offender information system shall be operational and functional on or before July 1, 1997.

(b) Except as otherwise provided by this subsection, every juvenile justice agency shall report juvenile offender information, whether col- lected manually or by means of an automated system, to the central re- pository, in accordance with rules and regulations adopted pursuant to this section. A juvenile justice agency shall report to the central repository those reportable events involving a violation of a county resolution or city ordinance only when required by rules and regulations adopted by the director.

(1) Submission of juvenile offender information by a juvenile justice agency directly to the central repository;

(2) if the information can readily be collected and reported through the court system, submission to the central repository by the office of judicial administrator; or

(3) if the information can readily be collected and reported through juvenile justice agencies that are part of a geographically based infor- mation system, submission to the central repository by the agencies.

(d) The director may determine, by rule and regulation, the report- able events to be reported by each juvenile justice agency, in order to avoid duplication in reporting.

(e) Juvenile offender information maintained in the juvenile offender information system is confidential and shall not be disseminated or pub- licly disclosed in a manner which enables identification of any individual who is a subject of the information, except that the information shall be open to inspection by law enforcement agencies of this state, by the de- partment of social and rehabilitation services if related to an individual in the secretary's custody or control, by the department of corrections if related to an individual in the secretary's custody or control, by the offi- cers of any public institution to which the individual is committed, by county and district attorneys, by attorneys for the parties to a proceeding under this code, the intake and assessment worker or upon order of a judge of the district court or an appellate court.

(f) Any journal entry of an adjudication of a juvenile to be a juvenile offender shall state the number of the statute under which the juvenile is adjudicated to be a juvenile offender and specify whether each offense, if done by an adult, would constitute a felony or misdemeanor, as defined by K.S.A. 21-3105 and amendments thereto.

(g) Any law enforcement agency that willfully fails to make any report required by this section shall be liable to the state for the payment of a civil penalty, recoverable in an action brought by the attorney general, in an amount not exceeding $500 for each report not made. Any civil penalty recovered under this subsection shall be paid into the state general fund.

(h) The director shall adopt any rules and regulations necessary to implement, administer and enforce the provisions of this section.

(i) K.S.A. 38-1617 and amendments thereto and this section shall be part of and supplemental to the Kansas juvenile offenders code.

(j) The director shall develop incentives to encourage the timely entry of juvenile offender information into the central repository. Sec. 59. On and after July 1, 1997, K.S.A. 38-1618, as amended by section 58 of this bill, is hereby amended to read as follows: 38-1618. (a) In order to properly advise the three branches of government on the operation of the juvenile justice system, there is hereby established within and as a part of the central repository, as defined by K.S.A. 22-4701 and amendments thereto, a juvenile offender information system. The system shall serve as a repository of juvenile offender information which is col- lected by juvenile justice agencies and reported to the system. Unless extended by an official action of the Kansas criminal justice coordinating council, the juvenile offender information system shall be operational and functional on or before July 1, 1997.

(1) Submission of juvenile offender information by a juvenile justice agency directly to the central repository;

(2) if the information can readily be collected and reported through the court system, submission to the central repository by the office of judicial administrator; or

(d) The director may determine, by rule and regulation, the report- able events to be reported by each juvenile justice agency, in order to avoid duplication in reporting.

(e) Juvenile offender information maintained in the juvenile offender information system is confidential and shall not be disseminated or pub- licly disclosed in a manner which enables identification of any individual who is a subject of the information, except that the information shall be open to inspection by law enforcement agencies of this state, by the ~~de- partment of social and rehabilitation services~~ juvenile justice authority if related to an individual in the ~~secretary's~~ commissioner's custody or con- trol, by the department of corrections if related to an individual in the ~~secretary's~~ commissioner's custody or control, by the educational insti- tution to the extent allowed pursuant to law or pursuant to a court order, if related to an individual that is required to attend such educational institution as part of an immediate intervention program, probation or post-release supervision by the officers of any public institution to which the individual is committed, by county and district attorneys, by attorneys for the parties to a proceeding under this code, the intake and assessment worker or upon order of a judge of the district court or an appellate court.

(f) Any journal entry of ~~an adjudication~~ a trial of a juvenile adjudged to be a juvenile offender shall state the number of the statute under which the juvenile is adjudicated to be a juvenile offender and specify whether each offense, if done by an adult, would constitute a felony or misde- meanor, as defined by K.S.A. 21-3105 and amendments thereto.

(h) The director shall adopt any rules and regulations necessary to implement, administer and enforce the provisions of this section.

(i) K.S.A. 38-1617 and amendments thereto and this section shall be part of and supplemental to the Kansas juvenile ~~offenders~~ justice code.

(j) The director shall develop incentives to encourage the timely entry of juvenile offender information into the central repository. Sec. 60. On and after July 1, 1997, K.S.A. 38-1622 is hereby amended to read as follows: 38-1622. (a) Complaint. (1) Any person 18 or more years of age having knowledge of a juvenile who appears to be a juvenile offender may file with the court having jurisdiction a verified complaint, in writing, which shall state, if known:

(A) The name, date of birth and residence address of the juvenile;

(B) the name and residence address of the juvenile's parents;

(C) the name and residence address of any persons having custody or control of the juvenile, or the nearest known relative if no parent can be found;

(D) plainly and concisely the essential facts constituting the offense charged and, if the statement is drawn in the language of the statute, ordinance or resolution alleged to have been violated, it shall be consid- ered sufficient; and

(E) for each count, the official or customary citation of the statute, ordinance or resolution which is alleged to have been violated, but error in the citation or its omission shall not be grounds for dismissal of the complaint or for reversal of ~~an adjudication~~ a trial if the error or omission did not prejudice the respondent.

(2) The proceedings shall be entitled: ``In the matter of ____________, respondent.''

(3) The complaint shall contain a request that the parent or parents of the juvenile be ordered to pay child support. The request for child support may be omitted with respect to a parent already ordered to pay child support for the juvenile or with respect to a respondent 18 years of age or more. The request for child support shall be omitted with respect to one or both parents upon written request of the ~~secretary~~ commis- sioner.

(4) The precise time of the commission of an offense need not be stated in the complaint, but it is sufficient if shown to have been within the statute of limitations, except where the time is an indispensable ele- ment of the offense.

(5) The prosecuting attorney shall endorse the names of all witnesses known to the attorney upon the complaint at the time of filing. The pros- ecuting attorney may endorse on the complaint the names of other wit- nesses that afterward become known to the attorney, at such times as the court prescribes by rule or otherwise.

(b) Motions. Motions may be made orally or in writing. The motion shall state with particularity the grounds for the motion and shall state the relief or order sought. Sec. 61. On and after July 1, 1996, K.S.A. 38-1624 is hereby amended to read as follows: 38-1624. (a) By a law enforcement officer. A law enforcement officer may take an alleged juvenile offender into cus- tody when:

(1) Any offense has been or is being committed by the juvenile in the officer's view;

(2) the officer has a warrant commanding that the juvenile be taken into custody;

(3) the officer has probable cause to believe that a warrant or order commanding that the juvenile be taken into custody has been issued in this state or in another jurisdiction for an act committed therein;

(4) the officer has probable cause to believe that the juvenile is com- mitting or has committed an act which, if committed by an adult, would constitute:

(A) A felony; or

(B) a misdemeanor and (i) the juvenile will not be apprehended or evidence of the offense will be irretrievably lost unless the juvenile is immediately taken into custody or (ii) the juvenile may cause injury to self or others or damage to property or may be injured unless immediately taken into custody; or

(5) the officer has probable cause to believe that the juvenile has violated an order for electronic monitoring as a term of probation.

(b) By a court services officer. A court services officer may take a juvenile into custody when there is a warrant commanding that the ju- venile be taken into custody, when the court services officer has probable cause to believe that a warrant or order commanding that the juvenile be taken into custody has been issued in this state or in another jurisdiction for an act committed therein or when there is probable cause to believe that the juvenile has violated an order for electronic monitoring as a term of probation.

(c) Procedure. When any law enforcement officer takes an alleged juvenile offender into custody pursuant to subsection (a) without a war- rant or court order and determines that the juvenile shall be detained or placed outside the juvenile's home, the juvenile shall be taken without unnecessary delay to an intake and assessment worker if an intake and assessment program exists in the jurisdiction, or before the court for pro- ceedings in accordance with this code or, if the court is not open for the regular conduct of business, to a court services officer, a juvenile intake and assessment worker, a juvenile detention facility or youth residential facility which the court or the secretary of social and rehabilitation serv- ices shall have designated. The officer shall not take the juvenile to a juvenile detention facility unless the juvenile meets one or more of the criteria listed in K.S.A. 38-1640, and amendments thereto. Even if the juvenile meets one or more of such criteria, the officer shall first consider whether taking the juvenile to an available nonsecure facility is more appropriate.

It shall be the duty of the officer to furnish the county or district at- torney or the juvenile intake and assessment worker if the officer has delivered such juvenile to the worker, with all of the information in the possession of the officer pertaining to the juvenile; the juvenile's parents, or other persons interested in or likely to be interested in the juvenile; and all other facts and circumstances which caused the juvenile to be arrested or taken into custody. The juvenile intake and assessment worker shall furnish to the county or district attorney a written copy of the in- formation collected in the intake and assessment report.

(d) Release prior to detention hearing. In the absence of a court order to the contrary, the court or officials designated by the court, the county or district attorney or the law enforcement agency taking a juvenile into custody shall have the authority to direct the release of the juvenile prior to the time specified by subsection (a) of K.S.A. 38-1632 and amendments thereto. In addition, a juvenile intake and assessment worker shall have the authority to direct the release of a juvenile prior to a detention hearing after the completion of the intake and assessment process if the juvenile intake and assessment worker has reason to believe that if released the juvenile will appear for further proceedings and will not be dangerous to self or others.

(e) Person 18 or over taken into custody; detention and release. Whenever a person 18 years of age or more is taken into custody by a law enforcement officer for an alleged offense which was committed prior to the time the person reached the age of 18, the officer shall notify and refer the matter to the court for proceedings pursuant to this code, except that the provisions of this code relating to detention hearings shall not apply to that person. Unless the law enforcement officer took the person into custody pursuant to a warrant issued by the court and the warrant specifies the amount of bond or indicates that the person may be released on personal recognizance, the person shall be taken before the court of the county where the alleged act took place or, at the request of the person, the person shall be taken, without delay, before the nearest court. The court shall fix the terms and conditions of an appearance bond upon which the person may be released from custody. The provisions of article 28 of chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901 and amendments thereto relating to appearance bonds and review of conditions and release shall be applicable to appearance bonds provided for in this section. Sec. 62. On and after July 1, 1997, K.S.A. 38-1624, as amended by section 61 of this bill, is hereby amended to read as follows: 38-1624. (a) By a law enforcement officer. A law enforcement officer may take an alleged juvenile offender into custody when:

(1) Any offense has been or is being committed by the juvenile in the officer's view;

(2) the officer has a warrant commanding that the juvenile be taken into custody;

(4) the officer has probable cause to believe that the juvenile is com- mitting or has committed an act which, if committed by an adult, would constitute:

(A) A felony; or

(5) the officer has probable cause to believe that the juvenile has violated an order for electronic monitoring as a term of probation.

(c) Procedure. When any law enforcement officer takes an alleged juvenile offender into custody ~~pursuant to subsection (a) without a war- rant or court order and determines that the juvenile shall be detained or placed outside the juvenile's home~~, the juvenile shall be taken without unnecessary delay to an intake and assessment worker if an intake and assessment program exists in the jurisdiction, or before the court for pro- ceedings in accordance with this code or, if the court is not open for the regular conduct of business, to a court services officer, a juvenile intake and assessment worker, a juvenile detention facility or youth residential facility which the court or the ~~secretary of social and rehabilitation serv- ices~~ commissioner shall have designated. The officer shall not take the juvenile to a juvenile detention facility unless the juvenile meets one or more of the criteria listed in K.S.A. 38-1640, and amendments thereto. Even if the juvenile meets one or more of such criteria, the officer shall first consider whether taking the juvenile to an available nonsecure facility is more appropriate.

It shall be the duty of the officer to furnish the county or district at- torney or the juvenile intake and assessment worker if the officer has delivered such juvenile to the worker, with all of the information in the possession of the officer pertaining to the juvenile; the juvenile's parents, or other persons interested in or likely to be interested in the juvenile; and all other facts and circumstances which caused the juvenile to be arrested or taken into custody.

(d) Release prior to detention hearing. In the absence of a court order to the contrary, the court or officials designated by the court, the county or district attorney or the law enforcement agency taking a juvenile into custody shall have the authority to direct the release of the juvenile prior to the time specified by subsection (a) of K.S.A. 38-1632 and amendments thereto. In addition, if an agreement is established pursuant to K.S.A. 38- 1635, and amendments thereto, a juvenile intake and assessment worker shall have the authority to direct the release of a juvenile prior to a de- tention hearing after the completion of the intake and assessment process if the juvenile intake and assessment worker has reason to believe that if released the juvenile will appear for further proceedings and will not be dangerous to self or others.

(e) Person 18 or over taken into custody; detention and release. Whenever a person 18 years of age or more is taken into custody by a law enforcement officer for an alleged offense which was committed prior to the time the person reached the age of 18, the officer shall notify and refer the matter to the court for proceedings pursuant to this code, except that the provisions of this code relating to detention hearings shall not apply to that person. Unless the law enforcement officer took the person into custody pursuant to a warrant issued by the court and the warrant specifies the amount of bond or indicates that the person may be released on personal recognizance, the person shall be taken before the court of the county where the alleged act took place or, at the request of the person, the person shall be taken, without delay, before the nearest court. The court shall fix the terms and conditions of an appearance bond upon which the person may be released from custody. The provisions of article 28 of chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901 and amendments thereto relating to appearance bonds and review of conditions and release shall be applicable to appearance bonds provided for in this section. Sec. 63. On and after July 1, 1997, K.S.A. 38-1626 is hereby amended to read as follows: 38-1626. (a) Persons upon whom served. The summons and a copy of the complaint shall be served on the juvenile alleged to be a juvenile offender, the parents or parent having legal cus- tody or who may be ordered to pay child support by the court, the person with whom the juvenile is residing, and any other person designated by the county or district attorney.

(b) Form. The summons shall be issued by the clerk, dated the day it is issued, contain the name of the court and the caption of the case and be in substantially the following form:

(Name of Court) In the Matter of

__________________, Respondent                                  Case No.
     ____________

Date of birth ____________ A ___ male ___ female under the age of 18 years. S U M M O N S TO:

_________________________________________________________
     _________________________________________________________

(Juvenile)

_________________________________________________________
     _________________________________________________________

(Father)

_________________________________________________________
     _________________________________________________________

(Mother)

_________________________________________________________
     _________________________________________________________

(Other having custody-               (Address)

relationship)

A complaint has been filed in this court, a copy of which is attached.

On ____________, 19___, at ______ o'clock ___m. the above-named juvenile and a parent and any other person having legal custody are required to appear before this court at ____________. Failure to appear may cause the juvenile to be taken into custody and brought before the court.

The juvenile will be required to ~~admit or deny~~ plead guilty or not guilty to the statements in the complaint. You have the right to hire an attorney to represent the above juvenile. If you do not hire an attorney, the court will appoint an attorney for the juvenile. The juvenile, parent or other person having legal custody of the juvenile may be required to repay the court for the expense of the appointed attorney. The court may order one or both parents to pay child support.

Date ____________, 19___                 Clerk of the District Court

by ________________________

(Seal)

Sec. 64. On and after July 1, 1997, K.S.A. 38-1632 is hereby amended to read as follows: 38-1632. (a) Length of detention. (1) When- ever an alleged juvenile offender is taken into custody and is thereafter taken before the court or to a juvenile detention facility or youth resi- dential facility designated by the court, the juvenile shall not remain de- tained for more than 48 hours, excluding Saturdays, Sundays and legal holidays, from the time the initial detention was imposed, unless the court determines after hearing, within the 48-hour period, that further deten- tion is necessary.

(2) If a juvenile is detained in jail pursuant to subsection (b) of K.S.A. 38-1691 and amendments thereto, the detention hearing required by this section shall be held within 24 hours after the juvenile is taken into cus- tody.

(b) Waiver of detention hearing. The right of a juvenile to a detention hearing may be waived if the juvenile and the attorney for the juvenile consent in writing to waive the right to a detention hearing and the judge approves the waiver. Whenever the right to a detention hearing has been waived, the juvenile, the attorney for the juvenile or the juvenile's parents may reassert the right at any time not less than 48 hours prior to the time scheduled for ~~adjudication~~ trial by submitting a written request to the judge. Upon request, the judge shall immediately set the time and place for the hearing, which shall be held not more than 48 hours after the receipt of the request excluding Saturdays, Sundays and legal holidays.

(c) Notice of hearing. Whenever it is determined that a detention hearing is required the court shall immediately set the time and place for the hearing. Except as otherwise provided by subsection (b)(1) of K.S.A. 38-1691 and amendments thereto, notice of the detention hearing shall be given at least 24 hours prior to the hearing, unless waived, and shall be in substantially the following form:

(Name of Court) (Caption of Case) NOTICE OF DETENTION HEARING TO:

_________________________________________________________
     _________________________________________________________

(Juvenile)

_________________________________________________________
     _________________________________________________________

(Father)

_________________________________________________________
     _________________________________________________________

(Mother)

_________________________________________________________
     _________________________________________________________

(Other having custody-               (Address)

relationship)

On _______________________________________________________________________________ , [ru5,4] , 19[ru5,1.6], at [ru5,2] o'clock [ru5,1.6]m. there will be a (day)(date) hearing for the court to determine if there is a need for further detention of the above named juvenile. Each parent or other person having legal custody of the juvenile should be present at the hearing which will be held at ____________.

You have the right to hire an attorney to represent the above juvenile. Upon failure to hire an attorney the court will appoint an attorney for the juvenile and the juvenile, parent or other person having legal custody of the juvenile may be required to repay the court for the expense of the appointed attorney. The court may order one or both parents to pay child support.

Date: ____________, 19___                Clerk of the District Court

by ________________________

(Seal) REPORT OF SERVICE

I certify that I have delivered a true copy of the above notice on the persons above named in the manner and at the times indicated below:

Name

______________________________

______________________________

Date Returned: ____________, 19___

________________________

(Signature)

________________________

(Title)

(d) Oral notice. When there is insufficient time to give written notice, oral notice may be given and is completed upon filing a certificate of oral notice with the clerk in substantially the following form:

(Name of Court) (Caption of Case) CERTIFICATE OF ORAL NOTICE OF DETENTION HEARING

I gave oral notice that the court will hold a hearing at ______ o'clock ___m. on _______________________________________________________________________________ , 19___, to the persons listed, in the manner and at the times indicated below:

Name

______________________________

______________________________

I advised each of the above named persons that: (1) The hearing is to determine if the above named juvenile shall be detained; (2) each parent or person having legal custody should be present at the hearing; (3) they have the right to hire an attorney of their own choice for the juvenile; (4) if an attorney is not hired, the court will appoint an attorney for the juvenile; (5) the juvenile, parent or other person having custody of the juvenile may be required to repay the court for the expense of the appointed attorney; and (6) the court may order one or both parents to pay child support.

________________________

(Signature)

________________________

(Name Printed)

________________________

(Title)

(e) Hearing, finding, bond. At the time set for the detention hearing if no retained attorney is present to represent the juvenile, the court shall appoint an attorney for the juvenile, and may recess the hearing for 24 hours to obtain attendance of the attorney appointed unless the juvenile is detained in jail pursuant to subsection (b)(1) of K.S.A. 38-1691 and amendments thereto. At the detention hearing, if the court finds the juvenile is dangerous to self or others, the juvenile may be detained in a juvenile detention facility or youth residential facility which the court shall designate. If the court finds the juvenile is not likely to appear for further proceedings, the juvenile may be detained in a juvenile detention facility or youth residential facility which the court shall designate or may be released upon the giving of an appearance bond in an amount specified by the court and on the conditions the court may impose, in accordance with the applicable provisions of article 28 of chapter 22 of the Kansas Statutes Annotated and amendments thereto. In the absence of either finding, the court shall order the juvenile released or placed in temporary custody as provided in subsection (f).

In determining whether to place a juvenile in a juvenile detention fa- cility pursuant to this subsection, the court shall consider all relevant factors, including but not limited to the criteria listed in K.S.A. 38-1640 and amendments thereto. If the court orders the juvenile to be detained in a juvenile detention facility, the court shall record the specific findings of fact upon which the order is based.

If detention is ordered and the parent was not notified of the hearing and did not appear and later requests a rehearing, the court shall rehear the matter without unnecessary delay.

(f) Temporary custody. If the court determines that it is not necessary to detain the juvenile but finds that release to the custody of a parent is not in the best interests of the juvenile, the court may place the juvenile in the temporary custody of a youth residential facility, the ~~secretary~~ com- missioner or some other suitable person willing to accept temporary cus- tody. Sec. 65. On and after July 1, 1997, K.S.A. 38-1633 is hereby amended to read as follows: 38-1633. (a) When the respondent appears in response to a complaint without an attorney, the court shall inform the respondent of the following:

(1) The nature of the charges in the complaint;

(2) the right to hire an attorney of the respondent's own choice;

(3) the duty of the court to appoint an attorney for the respondent if no attorney is hired by the respondent or parent; and

(4) that the court may require the respondent or parents to pay the expense of a court appointed attorney.

Upon request the court shall give the respondent or parent an oppor- tunity to hire an attorney. If no request is made or the respondent or parents are financially unable to hire an attorney, the court shall forthwith appoint an attorney for the respondent. The court shall afford the re- spondent an opportunity to confer with the attorney before requiring the respondent to plead to the allegations of the complaint.

(b) When the respondent appears with an attorney in response to a complaint, the court shall require the respondent to ~~admit or deny~~ plead guilty or not guilty to the allegations stated in the complaint or plead nolo contendere, unless there is an application for and approval of ~~a diversion~~ an immediate intervention program. Prior to making this requirement, the court shall inform the respondent of the following:

(1) The nature of the charges in the complaint;

(2) the right of the respondent to be presumed innocent of each charge;

(3) the right to trial without unnecessary delay and to confront and cross-examine witnesses appearing in support of the allegations of the complaint;

(4) the right to subpoena witnesses;

(5) the right of the respondent to testify or to decline to testify; and

(6) the ~~dispositional~~ sentencing alternatives the court may select as the result of ~~an adjudication~~ the juvenile being adjudged to be a juvenile offender.

(c) If the respondent ~~admits~~ pleads guilty to the allegations contained in a complaint or pleads nolo contendere, the court shall determine, be- fore accepting the ~~admission or~~ plea and entering ~~an order of adjudication~~ a sentence: (1) That there has been a voluntary waiver of the rights enu- merated in subsections (b)(2), (3), (4) and (5); and (2) that there is a factual basis for the ~~admission or the~~ plea of ~~nolo contendere~~.

(d) If ~~allegations of the complaint are denied~~ the respondent pleads not guilty, the court shall schedule a time and date for trial to the court. Sec. 66. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1635 is hereby amended to read as follows: 38-1635. (a) Except as provided in subsection (b), each court may adopt a policy and establish guidelines for ~~a diversion~~ an immediate intervention program by which a respondent may avoid ~~such an adjudication.~~ prosecution as a juvenile offender. In addition to the court adopting policies and guidelines for the immediate intervention programs, the court, the county or district attorney and the director of the intake and assessment center, pursuant to a written agree- ment, may develop local programs to:

(1) Provide for the direct referral of cases by the county or district attorney or the intake and assessment worker, or both, to youth courts, restorative justice centers, citizen review boards, hearing officers, or other local programs as sanctioned by the court.

(2) Allow intake and assessment workers to issue a summons, as de- fined in subsection (e).

(3) Allow the intake and assessment centers to directly purchase serv- ices for the juveniles and the juvenile's family.

(4) Allow intake and assessment workers to direct the release of a juvenile prior to a detention hearing after the completion of the intake and assessment process if the juvenile intake and assessment worker has reason to believe that if released the juvenile will appear for further pro- ceedings and will not be dangerous to self or others.

(b) ~~A diversion~~ An immediate intervention program shall provide that a respondent is ineligible for such program if the respondent has been previously adjudicated to be a juvenile offender, or faces pending charges as a juvenile offender, for committing acts which, if committed by an adult, would constitute:

(1) A violation of K.S.A. 8-1567 and amendments thereto and the respondent: (A) Has previously participated in ~~diversion~~ an immediate intervention program instead of prosecution of a complaint alleging a violation of that statute or an ordinance of a city in this state which pro- hibits the acts prohibited by that statute; (B) has previously been adju- dicated of a violation of that statute or a violation of a law of another state or of a political subdivision of this or any other state, which law prohibits the acts prohibited by that statute; or (C) during the time of the alleged violation was involved in a motor vehicle accident or collision resulting in personal injury or death; or

(2) a violation of an off-grid crime, a ~~severity level 1, 2 or 3 felony for nondrug crimes or drug severity level 1 or 2 felony for drug crimes~~ person felony, or a felony or misdemeanor committed when the respon- dent was in possession of a deadly weapon.

(c) ~~A diversion~~ An immediate intervention program may include a stipulation, agreed to by the respondent, the respondent's attorney and the attorney general or county or district attorney, of the facts upon which the charge is based and a provision that if the respondent fails to fulfill the terms of the specific ~~diversion~~ immediate intervention agreement and the ~~adjudication~~ immediate intervention proceedings are resumed, the proceedings, including any proceedings on appeal, shall be conducted on the record of the stipulation of facts.

(d) The court may require the parent or guardian of a juvenile of- fender to be a part of the immediate intervention program for the juvenile offender.

(e) ``Summons'' means a written order issued by an intake and as- sessment worker directing that a respondent appear before a designated court at a stated time and place and answer to a charge pending against the respondent. Sec. 67. On and after July 1, 1997, K.S.A. 38-1636 is hereby amended to read as follows: 38-1636. (a) (1) Except as provided further, at any time after commencement of proceedings under this code against a respondent who was: (1) 14 or 15 years of age at the time of the offense or offenses alleged in the complaint, if any such offense is or offenses are a class A or B felony, or, on or after July 1, 1993, an off-grid felony, a nondrug felony crime ranked at severity level 1, 2 or 3 or a drug felony crime ranked at severity level 1 or 2, and prior to entry of an adjudication or the beginning of an evidentiary hearing at which the court may enter adjudication as provided in K.S.A. 38-1655, and amendments thereto, or (2) 16 or more years of age at the time of the offense alleged in the complaint and prior to entry of ~~an adjudication~~ a sentence or the begin- ning of an evidentiary hearing at which the court may enter ~~adjudication~~ a sentence as provided in K.S.A. 38-1655, and amendments thereto, the county or district attorney may file a motion requesting that the court authorize prosecution of the respondent as an adult under the applicable criminal statute. The respondent shall be presumed to be a juvenile unless good cause is shown to prosecute the respondent as an adult.

(2) At any time after commencement of proceedings under this code against a respondent who was: (A) 14, 15, 16 or 17 years of age at the time of the offense or offenses alleged in the complaint, if any such offense (i) if committed by an adult, would be an offgrid offense, a person felony, a severity level 1 through 6 felony or any drug severity level 1 or 2 felony; or (ii) was committed while in possession of a firearm; or (B) charged with a felony or with more than one offense of which one or more is a felony after having been adjudicated or convicted in a separate prior ju- venile proceeding as having committed an act which would constitute a felony if committed by an adult and the adjudications or convictions oc- curred prior to the date of the commission of the new act charged and prior to the entry of a sentence or the beginning of an evidentiary hearing at which the court may enter a sentence as provided in K.S.A. 38-1655, and amendments thereto, the county or district attorney may file a motion requesting that the court authorize prosecution of the respondent as an adult under the applicable criminal statute. The respondent shall be pre- sumed to be an adult. The burden of proof is on the respondent to rebut the presumption.

(3) At any time after commencement of proceedings under this code against a respondent and prior to entry of a sentence or the beginning of an evidentiary hearing at which the court may enter a sentence as pro- vided in K.S.A. 38-1655, and amendments thereto, the county or district attorney may file a motion requesting that the court designate the pro- ceedings as an extended jurisdiction juvenile prosecution as provided fur- ther. If the county or district attorney files a motion to designate the proceedings as an extended jurisdiction juvenile prosecution and the re- spondent was: (A) charged with an offense (i) if committed by an adult, would be an offgrid felony, a person felony, a severity level 1 through 6 felony or any drug severity level 1 or 2 felony; or (ii) was committed while in possession of a firearm; or (B) charged with a felony or with more than one offense of which one or more is a felony after having been adjudicated or convicted in a separate prior juvenile proceeding as having committed an act which would constitute a felony is committed by an adult and the adjudications or convictions occurred prior to the date of the commission of the new act charged, the burden of proof is on the respondent to rebut the designation of an extended jurisdiction juvenile prosecution.

(b) The motion may also contain a statement that the prosecuting attorney will introduce evidence of the offenses alleged in the complaint and request that, on hearing the motion and authorizing prosecution as an adult or designating the proceedings as an extended jurisdiction ju- venile prosecution under this code, the court may make the findings re- quired in a preliminary examination provided for in K.S.A. 22-2902, and amendments thereto, and the finding that there is no necessity for further preliminary examination.

(c) Upon receiving a motion ~~to authorize prosecution as an adult~~ as established in subsection (a), the court shall set a time and place for hearing on the motion. The court shall give notice of the hearing to the respondent, each parent of the respondent, if service is possible, and the attorney representing the respondent. The motion shall be heard and determined prior to any further proceedings on the complaint.

(d) If the respondent fails to appear for hearing on a motion ~~to au- thorize prosecution as an adult~~ as established in subsection (a) after having been properly served with notice of the hearing, the court may hear and determine the motion in the absence of the respondent. If the court is unable to obtain service of process and give notice of the hearing, the court may hear and determine the motion in the absence of the respon- dent after having given notice of the hearing once a week for two con- secutive weeks in a newspaper authorized to publish legal notices in the county where the hearing will be held.

(e) In determining whether or not prosecution as an adult should be authorized or designating the proceeding as an extended jurisdiction ju- venile prosecution, the court shall consider each of the following factors: (1) The seriousness of the alleged offense and whether the protection of the community requires prosecution as an adult or designating the pro- ceeding as an extended jurisdiction juvenile prosecution; (2) whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner; (3) whether the offense was against a person or against property, greater weight being given to offenses against persons, espe- cially if personal injury resulted; (4) the number of alleged offenses un- adjudicated and pending against the respondent; (5) the previous history of the respondent, including whether the respondent had been adjudi- cated a delinquent or miscreant under the Kansas juvenile code or a juvenile offender under this code and, if so, whether the offenses were against persons or property, and any other previous history of antisocial behavior or patterns of physical violence; (6) the sophistication or maturity of the respondent as determined by consideration of the respondent's home, environment, emotional attitude, pattern of living or desire to be treated as an adult; (7) whether there are facilities or programs available to the court which are likely to rehabilitate the respondent prior to the expiration of the court's jurisdiction under this code; and (8) whether the interests of the respondent or of the community would be better served by criminal prosecution or extended jurisdiction juvenile prosecution. The insufficiency of evidence pertaining to any one or more of the factors listed in this subsection shall not in and of itself be determinative of the issue. Subject to the provisions of K.S.A. 38-1653, and amendments thereto, written reports and other materials relating to the respondent's mental, physical, educational and social history may be considered by the court.

(f) (1) The court may authorize prosecution as an adult upon com- pletion of the hearing if the court finds that the respondent was: (1) 14 or 15 years of age at the time of the alleged commission of the offense, if the offense is a class A or B felony, and was committed before July 1, 1993, and that there is substantial evidence that the respondent should be prosecuted as an adult for the offense with which the respondent is charged;

(2) 14 or 15 years of age at the time of the alleged commission of the offense, if the offense is an off-grid felony, a nondrug severity level 1, 2 or 3 felony or a drug level 1 or 2 felony, and that there is substantial evidence that the respondent should be prosecuted as an adult for the offense with which the respondent is charged; or

~~(3) 16 or more years of age at the time of the alleged commission of the offense and that~~ there is substantial evidence that the respondent should be prosecuted as an adult for the offense with which the respon- dent is charged. In that case, the court shall direct the respondent be prosecuted under the applicable criminal statute and that the proceedings filed under this code be dismissed.

(2) The court may designate the proceeding as an extended jurisdic- tion juvenile prosecution upon completion of the hearing if the respondent has failed to rebut the presumption or the court finds that there is sub- stantial evidence that the respondent should be prosecuted under an ex- tended jurisdiction juvenile prosecution. A juvenile who is the subject of an extended jurisdiction juvenile prosecution shall have the right to a trial by jury, to the effective assistance of counsel and to all other rights of a defendant pursuant to the Kansas code of criminal procedure.

(g) If the respondent is present in court and the court also finds from the evidence that it appears a felony has been committed and that there is probable cause to believe the felony has been committed by the re- spondent, the court may direct that there is no necessity for further pre- liminary examination on the charges as provided for in K.S.A. 22-2902, and amendments thereto. In that case, the court shall order the respon- dent bound over to the district judge having jurisdiction to try the case.

(h) If the respondent is convicted, the authorization for prosecution as an adult may attach and apply to any future acts by the respondent which are or would be cognizable under this code if the order of the court so provides.

(i) If the respondent is prosecuted as an adult under subsection (f)(1) ~~or (f)(2)~~ and convicted of a lesser included offense, the respondent shall be a juvenile offender and receive ~~an authorized disposition~~ a sentence pursuant to K.S.A. 38-1663, and amendments thereto. Sec. 68. On and after July 1, 1997, K.S.A. 38-1637 is hereby amended to read as follows: 38-1637. (a) For the purpose of this section, a respondent is incompetent for hearing when charged as a juvenile of- fender and, because of mental illness or defect, is unable:

(1) To understand the nature and purpose of the proceedings; or

(2) to make or assist in making a defense.

(b) Whenever the words ``competent,'' ``competency,'' ``incompetent'' and ``incompetency'' are used without qualification in this code, they shall refer to the respondent's competency or incompetency, as described in subsection (a).

(c) (1) At any time after the respondent has been charged with an act which, if the respondent is found to have committed, would result in ~~adjudication as~~ being adjudged to be a juvenile offender and before ~~ad- judication~~ trial, the respondent, the respondent's attorney or the county or district attorney may request a determination of the respondent's com- petency for hearing. If, upon the request of either party or upon one's own knowledge and observation, the judge before whom the case is pend- ing finds that there is reason to believe that the respondent is incompetent for hearing, the proceedings shall be suspended and a hearing conducted to determine the competency of the respondent.

(2) All proceedings under this section shall be in the court in which the case is pending. The court shall determine the issue of competency and may order a psychiatric or psychological examination of the respon- dent. To facilitate the examination, the court may: (A) Appoint two qual- ified licensed physicians or licensed psychologists, or one of each to ex- amine the respondent or (B) designate a private psychiatric or psychological facility or public mental health center to conduct the ex- amination and report to the court. If either physician or psychologist, the private psychiatric facility or the public mental health center determines that further examination is necessary, the court may commit the respon- dent for not more than 60 days to any appropriate state, county or private institution for examination and appropriate report to the court. For good cause shown, the commitment may be extended for another 60 days. No statement made by the respondent in the course of any examination pro- vided for by this section, whether the examination is with or without the consent of the respondent, shall be admitted in evidence against the re- spondent in any hearing.

(3) If the respondent is found to be competent, the proceedings which have been suspended shall be resumed.

(4) If the respondent is found to be incompetent, the respondent shall be committed for treatment and shall remain subject to the further order of the court.

(5) The respondent shall be present personally at all proceedings un- der this section.

(6) A respondent who is found to be incompetent shall be committed for treatment to any appropriate state, county or private institution during the continuance of that condition. One or both parents of the respondent may be ordered to pay child support. Upon application of the respondent and in the discretion of the court, the respondent may be released to any appropriate private institution upon terms and conditions prescribed by the court.

(7) When reasonable grounds exist to believe that a respondent who has been adjudged incompetent is now competent, the court in which the case is pending shall conduct a hearing to determine the respondent's present mental condition. Reasonable notice of the hearings shall be given to the county or district attorney, the respondent and the respondent's attorney of record, if any. If the court, following the hearing, finds the respondent to be competent, the proceedings pending against the re- spondent shall be resumed. Sec. 69. On and after July 1, 1997, K.S.A. 38-1638 is hereby amended to read as follows: 38-1638. (a) A respondent who is found to be incompetent for hearing shall be committed for evaluation and treat- ment to any appropriate state, county or private institution for a period of not to exceed 90 days. Within 90 days of the respondent's commitment to the institution, the chief medical officer of the institution shall certify to the court whether the respondent has a substantial probability of at- taining competency for hearing in the foreseeable future. If the proba- bility does exist, the court shall order the respondent to remain in an appropriate state, county or private institution until the respondent attains competency for hearing or for a period of six months from the date of the original commitment, whichever occurs first. If the probability does not exist, the court shall order the secretary of social and rehabilitation services to commence involuntary commitment proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated.

(b) If a respondent who was found to have a substantial probability of attaining competency for hearing, as provided in subsection (a), has not attained competency for hearing within six months from the date of the original commitment, the court shall order the secretary of social and rehabilitation services to commence involuntary commitment proceed- ings pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated.

(c) When reasonable grounds exist to believe that a respondent who has been adjudged incompetent for hearing is competent, the court in which the case is pending shall conduct a hearing in accordance with K.S.A. 38-1637, and amendments thereto, to determine the respondent's present mental condition. Reasonable notice of the hearing shall be given to the prosecuting attorney, the respondent and the respondent's attorney of record, if any. If the court, following the hearing, finds the respondent to be competent, the proceedings pending against the respondent shall be resumed. Sec. 70. On and after July 1, 1997, K.S.A. 38-1639 is hereby amended to read as follows: 38-1639. (a) Whenever involuntary commit- ment proceedings have been commenced by the secretary of social and rehabilitation services as required by K.S.A. 38-1638, and amendments thereto, and the respondent is not committed to a treatment facility as a patient, the respondent shall remain in the institution where committed pursuant to K.S.A. 38-1638, and amendments thereto. The secretary of social and rehabilitation services shall promptly notify the court in which the proceedings are pending and the commissioner of the result of the involuntary commitment proceedings. The court shall then proceed pur- suant to subsection (c).

(b) Whenever involuntary commitment proceedings have been com- menced by the secretary of social and rehabilitation services as required by K.S.A. 38-1638, and amendments thereto, and the respondent is com- mitted to a treatment facility as a patient but thereafter is to be discharged pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, the respondent shall remain in the institution where committed pursuant to K.S.A. 38-1638, and amendments thereto. The head of the treatment facility shall promptly notify the court in which the proceedings are pend- ing that the respondent is to be discharged. The court shall then proceed pursuant to subsection (c).

(c) Within five days after receiving notice pursuant to subsection (a) or (b), the court shall order the respondent to be discharged from com- mitment and shall dismiss without prejudice the charges against the re- spondent. The period of limitation for the prosecution for the crime charged shall not continue to run until the respondent has been deter- mined to have attained competency. Sec. 71. On and after July 1, 1997, K.S.A. 38-1640 is hereby amended to read as follows: 38-1640. (a) The following are criteria for determining whether to place a juvenile in a juvenile detention facility pursuant to subsection (c) of K.S.A. 38-1624 or subsection (e) of K.S.A. 38-1632, and amendments thereto:

(1) There is oral or written verification that the juvenile is a fugitive sought for an offense in another jurisdiction or that the juvenile is cur- rently an escapee from a juvenile detention facility.

(2) The juvenile is alleged to have committed an offense which if committed by an adult would constitute a class A, B or C felony or a crime described in article 35 of chapter 21 of the Kansas Statutes An- notated.

(3) The juvenile is awaiting court action on an offense which if com- mitted by an adult would constitute a felony.

(4) The juvenile has a record of failure to appear in court or there is probable cause to believe that the juvenile will flee the jurisdiction of the court.

(5) The juvenile has a history of violent behavior toward others.

(6) The juvenile exhibited seriously assaultive or destructive behavior at the time of being taken into custody and continued such behavior after taken into custody.

(7) The juvenile exhibited self-destructive behavior at the time of being taken into custody and continued such behavior after taken into custody.

(8) The juvenile has a record of adjudication or conviction of one or more offenses which if committed by an adult would constitute felonies.

(9) The juvenile is a juvenile offender who has been expelled from placement in a nonsecure facility as a result of the current alleged offense.

(b) This section shall be part of and supplemental to the Kansas ju- venile ~~offenders~~ justice code. Sec. 72. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1641 is hereby amended to read as follows: 38-1641. (a) Any parent, guardian, or person with whom a juvenile resides who is served with a summons as provided in K.S.A. 38-1626, and amendments thereto, shall appear with the juvenile at all juvenile proceedings concerning the juvenile, unless excused by the court having jurisdiction of the matter.

(b) Any person required by this act to be present at all juvenile pro- ceedings who fails to comply, without good cause, with the provisions of subsection (a) may be proceeded against for indirect contempt of court pursuant to the provisions of K.S.A. 20-1204a et seq., and amendments thereto.

(c) As used in this section: (1) ``Good cause'' for failing to appear includes, but is not limited to, a situation where a parent or guardian:

(A) Does not have physical custody of the juvenile and resides outside of Kansas;

(B) has physical custody of the juvenile, but resides outside of Kansas and appearing in court will result in undue hardship to such parent or guardian; or

(C) resides in Kansas, but is outside of the state at the time of the juvenile proceeding for reasons other than avoiding appearance before the court and appearing in court will result in undue hardship to such parent or guardian.

(2) ``Parent'' means and includes a natural parent who has sole or joint custody, regardless of whether the parent is designated as the pri- mary residential custodian, or an adoptive parent. Parent does not include a person whose parental rights have been terminated pursuant to law.

(d) If the parent or guardian of any juvenile cannot be found or fails to appear, the court may proceed with the case without the presence of such parent or guardian.

(e) This section shall be part of and supplemental to the Kansas ju- venile ~~offenders~~ justice code. Sec. 73. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1652 is hereby amended to read as follows: 38-1652. (a) ~~If the respondent was 16 or more years of age at the time of the alleged offense, the hearing shall be open to the public.~~ The hearing shall be open to the public as to any respondent 16 or more years of age at the time of the alleged offense or as to any respondent less than 16 years of age at the time of the alleged offense except if the judge determines that opening the hearing to the public is not in the best interest of such respondent who is less than 16 years of age.

(b) If the ~~respondent was under 16 years of age at the time of the alleged offense~~ court determines that opening the court proceedings to the public is not in the best interest of the respondent, the court may exclude all persons except the respondent, the respondent's parents, at- torneys for interested parties, officers of the court, the witness testifying and the victim, as defined in subsection (b) of K.S.A. 74-7333 and amend- ments thereto or such members of the victim's family, as defined in sub- section (b)(2) of K.S.A. 74-7335 and amendments thereto as the court deems appropriate. Upon agreement of all interested parties, the court shall allow other persons to attend the hearing unless the court finds the presence of the persons would be disruptive to the proceedings. 25,1,10,11][ap Sec. 74. On and after July 1, 1997, K.S.A. 38-1653 is hereby amended to read as follows: 38-1653. In all ~~adjudicatory~~ hearings pur- suant to the Kansas juvenile justice code, the rules of evidence of the code of civil procedure shall apply. The judge presiding at the hearing shall not consider, read or rely upon any report not properly admitted accord- ing to the rules of evidence. Sec. 75. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1655 is hereby amended to read as follows: 38-1655. If the court finds that the evidence fails to prove an offense charged or an included offense as de- fined in subsection (2) of K.S.A. 21-3107 and amendments thereto, the court shall enter an order dismissing the charge.

If the court finds that the respondent committed the offense charged or an included offense as defined in subsection (2) of K.S.A. 21-3107 and amendments thereto, the court shall adjudicate the respondent to be a juvenile offender and may ~~enter orders of disposition~~ issue a sentence as authorized by this code.

If the court finds that the respondent committed the acts constituting the offense charged or an included offense as defined in subsection (2) of K.S.A. 21-3107 and amendments thereto but is not responsible because of mental disease or defect, the respondent shall not be adjudicated as a juvenile offender and shall be committed to the custody of the secretary of social and rehabilitation services and placed in a state hospital. The respondent's continued commitment shall be subject to annual review in the manner provided by K.S.A. 22-3428a and amendments thereto for review of commitment of a defendant suffering from mental disease or defect, and the respondent may be discharged or conditionally released pursuant to that section. The respondent also may be discharged or con- ditionally released in the same manner and subject to the same proce- dures as provided by K.S.A. 22-3428 and amendments thereto for dis- charge of or granting conditional release to a defendant found suffering from mental disease or defect. If the respondent violates any conditions of an order of conditional release, the respondent shall be subject to contempt proceedings and return to custody as provided by K.S.A. 22- 3428b and amendments thereto. Sec. 76. On and after July 1, 1997, K.S.A. 38-1656 is hereby amended to read as follows: 38-1656. In all cases involving offenses com- mitted by a juvenile which, if done by an adult, would make the person liable to be arrested and prosecuted for the commission of a felony, the judge may order that the juvenile be afforded a trial by jury. Upon ~~an adjudication~~ the juvenile being adjudged to be a juvenile offender, the court shall proceed with ~~disposition~~ sentencing. Sec. 77. On and after July 1, 1997, K.S.A. 38-1657 is hereby amended to read as follows: 38-1657. (a) In any proceeding pursuant to the Kansas juvenile ~~offenders~~ justice code in which a child less than 13 years of age is alleged to be a victim of the offense, a recording of an oral statement of the child, made before the proceeding began, is admissible in evidence if:

(1) The court determines that the time, content and circumstances of the statement provide sufficient indicia of reliability;

(2) no attorney for any party is present when the statement is made;

(3) the recording is both visual and aural and is recorded on film or videotape or by other electronic means;

(4) the recording equipment is capable of making an accurate re- cording, the operator of the equipment is competent and the recording is accurate and has not been altered;

(5) the statement is not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the child's statement and not made solely as a result of a leading or sug- gestive question;

(6) every voice on the recording is identified;

(7) the person conducting the interview of the child in the recording is present at the proceeding and is available to testify or be cross-examined by any party;

(8) each party to the proceeding is afforded an opportunity to view the recording before it is offered into evidence, and a copy of a written transcript is provided to the parties; and

(9) the child is available to testify.

(b) If a recording is admitted in evidence under this section, any party to the proceeding may call the child to testify and be cross-examined, either in the courtroom or as provided by K.S.A. 38-1658, and amend- ments thereto.

(c) This section shall be part of and supplemental to the Kansas ju- venile ~~offenders~~ justice code. Sec. 78. On and after July 1, 1997, K.S.A. 38-1658 is hereby amended to read as follows: 38-1658. (a) On motion of the attorney for any party to a proceeding pursuant to the Kansas juvenile offenders code in which a child less than 13 years of age is alleged to be a victim of the offense, the court may order that the testimony of the child be taken:

(1) In a room other than the courtroom and be televised by closed- circuit equipment in the courtroom to be viewed by the court and the finder of fact in the proceeding; or

(2) outside the courtroom and be recorded for showing in the court- room before the court and the finder of fact in the proceeding if: (A) The recording is both visual and aural and is recorded on film or videotape or by other electronic means; (B) the recording equipment is capable of making an accurate recording, the operator of the equipment is compe- tent and the recording is accurate and has not been altered; (C) every voice on the recording is identified; and (D) each party to the proceeding is afforded an opportunity to view the recording before it is shown in the courtroom, and a copy of a written transcript is provided to the parties.

(b) At the taking of testimony under this section:

(1) Only the attorneys for the respondent, the state and the child, any person whose presence would contribute to the welfare and well- being of the child and persons necessary to operate the recording or closed-circuit equipment may be present in the room with the child dur- ing the child's testimony;

(2) only the attorneys may question the child;

(3) the persons operating the recording or closed-circuit equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during the child's testimony but does not permit the child to see or hear them; and

(4) the court shall permit the respondent to observe and hear the testimony of the child in person, but shall ensure that the child cannot hear or see the respondent.

(c) If the testimony of a child is taken as provided by this section, the child shall not be compelled to testify in court during the proceeding.

(d) (1) Any objection by any party to the proceeding to a recording under subsection (a)(2) is inadmissible must be made by written motion filed with the court at least seven days before the commencement of the proceeding. An objection under this subsection shall specify the portion of the recording which is objectionable and the reasons for the objection. Failure to file an objection within the time provided by this subsection shall constitute waiver of the right to object to the admissibility of the recording unless the court, in its discretion, determines otherwise.

(2) The provisions of this subsection (d) shall not apply to any objec- tion to admissibility for the reason that the recording has been materially altered.

(e) This section shall be part of and supplemental to the Kansas ju- venile ~~offenders~~ justice code. Sec. 79. On and after July 1, 1997, K.S.A. 38-1661 is hereby amended to read as follows: 38-1661. (a) Prior to a ~~dispositional~~ sentenc- ing hearing, the court shall request an investigation and report by a court services officer unless the court finds that adequate and current infor- mation is available from a previous investigation, report or other sources. Upon request of the prosecuting attorney or the attorney for the respon- dent, the court shall make available to the attorney the report of the investigation and shall allow the attorney a reasonable time to review the report before ordering the ~~disposition~~ sentencing of the respondent.

(b) The court may direct that the investigation include the circum- stances of the offense; the attitude of the complainant, victim or the vic- tim's family; and the record of juvenile offenses, the social history and the present condition of the respondent. Except where specifically pro- hibited by law, all local governmental public and private educational in- stitutions and state agencies shall furnish to the officer conducting the predispositional investigation the records the officer requests. If ordered by the court, the predispositional investigation shall include a physical examination and mental examination of the respondent if sufficient re- ports are not already available to the investigating officer. Predispositional investigations shall contain other information prescribed by the court.

(c) At any time after the respondent has been adjudicated to be a juvenile offender and prior to ~~disposition~~ sentencing, the judge, at the request of an interested party, shall hear additional evidence as to pro- posals for reasonable and appropriate ~~disposition~~ sentencing of the case. Sec. 80. On and after July 1, 1997, K.S.A. 38-1662 is hereby amended to read as follows: 38-1662. (a) Psychological or emotional. Fol- lowing ~~an adjudication~~ the juvenile being adjudged to be a juvenile of- fender under this code the court may order an evaluation and written report of the psychological or emotional development or needs of the juvenile offender. The court may refer the juvenile offender to a state institution for the evaluation if the ~~secretary~~ commissioner advises the court that the facility is a suitable place to care for, treat or evaluate the juvenile offender and that space is available. The expenses of transpor- tation to and from the state facility may be paid as a part of the expenses of the proceedings. The juvenile offender may be referred to a mental health center or a qualified professional for the evaluation, and the ex- penses of the evaluation may be considered as expenses of the proceed- ings and assessed as provided in this code. If the court orders an evalu- ation as provided in this section, a parent of the juvenile offender shall have the right to obtain an independent evaluation at the expense of the parent.

(b) Medical. Following ~~an adjudication~~ the juvenile being adjudged to be a juvenile offender under this code, the court may order an exami- nation and report of the medical condition and needs of the juvenile offender who is the subject of the proceedings. The court may also order a report from any physician who has been attending the juvenile offender stating the diagnosis, condition and treatment afforded the juvenile offender.

(c) Educational. The court may order the chief administrative officer of the school which the juvenile offender attends or attended to provide to the court information that is readily available which the school officials feel would properly indicate the educational needs of the juvenile of- fender. The order may direct that the school conduct an educational needs assessment of the juvenile offender and send a report thereof to the court. The educational needs assessment may include a meeting in- volving any of the following: (1) The juvenile offender's parents, (2) the juvenile offender's teacher or teachers, (3) the school psychologist, (4) a school special services representative, (5) a representative of the ~~secretary~~ commissioner, (6) the juvenile offender's C.A.S.A., (7) the juvenile offen- der's foster parents or legal guardian and (8) other persons that the chief administrative officer of the school, or the officer's designee, deems appropriate. Sec. 81. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1663 is hereby amended to read as follows: 38-1663. (a) When a respondent has been adjudged to be a juvenile offender, the judge may select from the following alternatives:

(1) Place the juvenile offender on probation for a fixed period, subject to the terms and conditions the court deems appropriate, including a requirement of making restitution as required by subsection (d).

(2) Place the juvenile offender in the custody of a parent or other suitable person, subject to the terms and conditions the court orders, including a requirement of making restitution as required by subsection (d).

(3) Place the juvenile offender in the custody of a youth residential facility, subject to the terms and conditions the court orders.

(4) Place the juvenile offender in the custody of the ~~secretary~~ commissioner.

(5) Impose any appropriate combination of subsections (a)(1) and (2), subsection (a)(3) or subsection (a)(4) and make other orders directed to the juvenile offender as the court deems appropriate.

(6) Commit the juvenile offender, if 13 years of age or older, to a ~~state youth center~~ juvenile correctional facility if the juvenile offender:

(A) Has ~~had a previous adjudication~~ previously been adjudged as a juvenile offender under this code or as a delinquent or miscreant under the Kansas juvenile code; or

(B) has been adjudicated a juvenile offender as a result of having committed an act which, if done by a person 18 years of age or over, would constitute a class A, B or C felony as defined by the Kansas criminal code or, if done on or after July 1, 1993, would constitute an off-grid crime or a nondrug crime ranked in severity level 1 through 5 or a drug crime ranked in severity level 1 through 3.

(7) Place the juvenile offender under a house arrest program admin- istered by the court pursuant to K.S.A. 21-4603b and amendments thereto.

(b) (1) In addition to any other order authorized by this section, the court may order the: (A) Juvenile offender and the parents of the juvenile offender to:

~~(A)~~ (i) Attend counseling sessions as the court directs; or

~~(B)~~ (ii) participate in mediation as the court directs. Participants in such mediation may include, but shall not be limited to, the victim, the juvenile offender and the juvenile offender's parents. Mediation shall not be mandatory for the victim;

(B) parents of the juvenile offender to participate in parenting clas- ses.; or

(C) juvenile offender to successfully participate in a program of ed- ucation offered by a local board of education including placement in an alternative educational program approved by a local board of education.

(2) 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 10 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. If the parent does not request a hearing within 10 days after entry of the order, the order shall take effect at that time. 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. 38-1606 and amendments thereto.

(3) The costs of any counseling or mediation may be assessed as ex- penses in the case. No mental health center shall charge a fee for court- ordered counseling greater than that the center would have charged the person receiving the counseling if the person had requested counseling on the person's own initiative. No mediator shall charge a fee for court- ordered mediation greater than that the mediator would have charged the person participating in the mediation if the person had requested mediation on the person's own initiative.

(c) (1) If a respondent has been adjudged to be a juvenile offender, the court, in addition to any other order authorized by this section, may suspend the juvenile offender's driver's license or privilege to operate a motor vehicle on the streets and highways of this state. The duration of the suspension ordered by the court shall be for a definite time period to be determined by the court. Upon suspension of a license pursuant to this subsection, the court shall require the juvenile offender to surrender the license to the court, which shall transmit the license to the division of motor vehicles of the department of revenue, to be retained until the period of suspension expires. At that time, the licensee may apply to the division for return of the license. If the license has expired, the juvenile offender may apply for a new license, which shall be issued promptly upon payment of the proper fee and satisfaction of other conditions es- tablished by law for obtaining a license unless another suspension or rev- ocation of the juvenile offender's privilege to operate a motor vehicle is in effect. As used in this subsection, ``highway'' and ``street'' have the meanings provided by K.S.A. 8-1424 and 8-1473, and amendments thereto. Any respondent who is adjudged to be a juvenile offender who does not have a driver's license may have such juvenile offender's driving privileges revoked. No Kansas driver's license shall be issued to a juvenile offender whose driving privileges have been revoked pursuant to this section for a definite time period to be determined by the court.

(2) In lieu of suspending the driver's license or privilege to operate a motor vehicle on the highways of this state of any respondent adjudged to be a juvenile offender, as provided in subsection (c)(1), the court in which such juvenile offender was adjudged to be a juvenile offender may enter an order which places conditions on such juvenile offender's priv- ilege of operating a motor vehicle on the highways of this state, a certified copy of which such juvenile offender shall be required to carry any time such juvenile offender is operating a motor vehicle on the highways of this state. Any such order shall prescribe the duration of the conditions imposed and shall specify that such duration shall be for a definite time period to be determined by the court. Upon entering an order restricting a juvenile offender's license hereunder, the court shall require such ju- venile offender to surrender such juvenile offender's driver's license to the court who shall cause it to be transmitted to the division of vehicles, together with a copy of the order. Upon receipt thereof, the division of vehicles shall issue without charge a driver's license which shall indicate on its face that conditions have been imposed on such juvenile offender's privilege of operating a motor vehicle and that a certified copy of the order imposing such conditions is required to be carried by the juvenile offender for whom the license was issued any time such juvenile offender is operating a motor vehicle on the highways of this state. If the juvenile offender convicted is a nonresident, the court shall cause a copy of the order to be transmitted to the division and the division shall forward a copy of it to the motor vehicle administrator of such juvenile offender's state of residence. Such court shall furnish to any juvenile offender whose driver's license has had conditions imposed on it under this section a copy of the order, which shall be recognized as a valid Kansas driver's license until such time as the division shall issue the restricted license provided for in this subsection. Upon expiration of the period of time for which conditions are imposed pursuant to this subsection, the licensee may ap- ply to the division for the return of the license previously surrendered by such licensee. In the event such license has expired, such juvenile of- fender may apply to the division for a new license, which shall be issued immediately by the division upon payment of the proper fee and satis- faction of the other conditions established by law, unless such juvenile offender's privilege to operate a motor vehicle on the highways of this state has been suspended or revoked prior thereto. If any juvenile of- fender shall violate any of the conditions imposed under this subsection, such juvenile offender's driver's license or privilege to operate a motor vehicle on the highways of this state shall be revoked for a period as determined by the court in which such juvenile offender is convicted of violating such conditions.

(d) Whenever a juvenile offender is placed pursuant to subsection (a)(1) or (2), the court, unless it finds compelling circumstances which would render a plan of restitution unworkable, shall order the juvenile offender to make restitution to persons who sustained loss by reason of the offense. The restitution shall be made either by payment of an amount fixed by the court or by working for the persons in order to compensate for the loss. If the court finds compelling circumstances which would render a plan of restitution unworkable, the court may order the juvenile offender to perform charitable or social service for organizations perform- ing services for the community.

Nothing in this subsection shall be construed to limit a court's authority to order a juvenile offender to make restitution or perform charitable or social service under circumstances other than those specified by this sub- section or when placement is made pursuant to subsection (a)(3) or (4).

(e) In addition to or in lieu of any other order authorized by this section, the court may order a juvenile offender to pay a fine not exceed- ing $250 for each offense. In determining whether to impose a fine and the amount to be imposed, the court shall consider the following:

(1) Imposition of a fine is most appropriate in cases where the juve- nile offender has derived pecuniary gain from the offense.

(2) The amount of the fine should be directly related to the serious- ness of the juvenile offender's offense and the juvenile offender's ability to pay.

(3) Payment of a fine may be required in a lump sum or installments.

(4) Imposition of a restitution order is preferable to imposition of a fine.

(5) The juvenile offender's duty of payment should be limited in du- ration and in no event should the time necessary for payment exceed the maximum term which would be authorized if the offense had been com- mitted by an adult.

(f) In addition to or in lieu of any other order authorized by this section, if a juvenile is adjudged to be a juvenile offender by reason of a violation of the uniform controlled substances act (K.S.A. 65-4101 et seq. and amendments thereto) or K.S.A. 41-719, 41-727, ~~41-804, 41-2719, 41- 2720,~~ 65-4152, 65-4153, 65-4154 or 65-4155 or K.S.A. 1995 Supp. 8-1599, and amendments thereto, the court shall order the juvenile offender to submit to and complete an alcohol and drug evaluation by a community- based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee not to exceed the fee established by that statute for such evaluation, except that such evaluation may be waived by the court if the court finds that the juvenile offender has successfully completed an alcohol and drug evaluation, approved by the community-based alcohol and drug safety action program, ~~subsequent to~~ within 12 months of the offender's arrest on this offense. If such eval- uation occurred more than 12 months after the offender's arrest on this offense, the court shall order the juvenile offender to resubmit to and complete such evaluation and program as provided herein. If the court finds that the juvenile offender and those legally liable for the offender's support are indigent, the fee may be waived. In no event shall the fee be assessed against the ~~secretary or the department of social and rehabili- tation services~~ commissioner or the juvenile justice authority. The court may require the parent or guardian of the juvenile offender to attend such program with the juvenile offender.

(g) The board of county commissioners of a county may provide by resolution that the parents or guardians of any juvenile offender placed under a house arrest program pursuant to subsection (a)(7) shall be re- quired to pay to the county the cost of such house arrest program. The board of county commissioners shall further prepare a sliding financial scale based on the ability of the parents to pay for such a program.

(h) In addition to any other order authorized by this section, if child support has been requested and the parent or parents have a duty to support the respondent the court may, and when custody is placed with the ~~secretary~~ commissioner shall, order one or both parents to pay child support. The court shall determine, for each parent separately, whether the parent is already subject to an order to pay support for the respondent. If the parent is not presently ordered to pay support for the respondent 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. 38-16,117 and amendments thereto. Except for good cause shown, the court shall issue an immediate income withholding order pursuant to K.S.A. 23-4,105 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. 38-16,119 and amendments thereto. The parent shall also 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.

(i) Any order issued by the judge pursuant to this section shall be in effect immediately upon entry into the judge's minutes. Sec. 82. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1664 is hereby amended to read as follows: 38-1664. (a) Prior to placing a juvenile offender in the custody of the ~~secretary~~ commissioner and recommending out-of-home placement, the court shall consider and determine that, where consistent with the need for protection of the community:

(1) Reasonable efforts have been made to prevent or eliminate the need for out-of-home placement or reasonable efforts are not possible due to an emergency threatening the safety of the juvenile offender or the community; and

(2) out-of-home placement is in the best interests of the juvenile offender.

(b) When a juvenile offender has been placed in the custody of the ~~secretary~~ commissioner, the ~~secretary~~ commissioner shall notify the court in writing of the initial placement of the juvenile offender as soon as the placement has been accomplished. The court shall have no power to di- rect a specific placement by the ~~secretary~~ commissioner, but may make recommendations to the ~~secretary~~ commissioner. The ~~secretary~~ commis- sioner may place the juvenile offender in an institution operated by the ~~secretary~~ commissioner, a youth residential facility or a community mental health center. If the court has recommended an out-of-home placement, the ~~secretary~~ commissioner may not return the juvenile offender to the home from which removed without first notifying the court of the plan.

(c) During the time a juvenile offender remains in the custody of the ~~secretary~~ commissioner, the ~~secretary~~ commissioner shall report to the court at least each six months as to the current living arrangement and social and mental development of the juvenile offender. If the juvenile offender is placed outside the juvenile offender's home, a hearing shall be held not more than 18 months after the juvenile offender is placed outside the juvenile offender's home and every 12 months thereafter. If the juvenile offender is placed in foster care, the foster parent or parents shall submit to the court, at least every six months, a report in regard to the juvenile offender's adjustment, progress and condition. The ~~depart- ment of social and rehabilitation services~~ juvenile justice authority shall notify the foster parent or parents of the foster parents' or parent's duty to submit such report, on a form provided by the ~~department of social and rehabilitation services~~ juvenile justice authority, at least two weeks prior to the date when the report is due, and the name of the judge and the address of the court to which the report is to be submitted. Such report shall be confidential and shall only be reviewed by the court and the child's attorney.

(d) The report made by foster parents and provided by the commis- sioner of juvenile justice, pursuant to this section, shall be in substantially the following form:

REPORT FROM FOSTER PARENTS CONFIDENTIAL

_________________________________________________________
     _________________________________________________________

Child's Name                         Current Address

_________________________________________________________
     _________________________________________________________

Parent's Name                        Foster Parents

__________________________________________________________________

Primary Social Worker

Please circle the word which best describes the child's progress 1. Child's adjustment in the home

excellent                     good[wssatisfactory[wsneeds improvement

2. Child's interaction with foster parents and family members

excellent                     good[wssatisfactory[wsneeds improvement

3. Child's interaction with others

excellent                     good[wssatisfactory[wsneeds improvement

4. Child's respect for property

excellent                     good[wssatisfactory[wsneeds improvement

5. Physical and emotional condition of the child

excellent                     good[wssatisfactory[wsneeds improvement

6. Social worker's interaction with the child and foster family

excellent                     good[wssatisfactory[wsneeds improvement

7. School status of child:

 7. ______________________________________________________
     ______________________________________________________

School                                              Grade

Grades                                  Good ______Fair ______Poor ______

Attendance                              Good ______Fair ______Poor ______

Behavior                                Good ______Fair ______Poor ______

Sec. 83. On and after July 1, 1997, K.S.A. 38-1665 is hereby amended to read as follows: 38-1665. (a) When a juvenile offender has been placed in a youth residential facility or in the custody of a person other than a parent, the court may cause the juvenile offender to be brought before it, together with the person or persons in whose custody the juvenile offender may be. If it appears that a continuance of the custody or placement is not in the best interests of the juvenile offender, the court may rescind and set aside the order giving custody and make a further ~~dispositional~~ order for the custody of the juvenile offender as is appropriate, except that a child support order which has been registered under K.S.A. 38-16,119 and amendments thereto may only be modified pursuant to K.S.A. 38-16,119 and amendments thereto.

(b) At any time after the entry of an ~~authorized disposition~~ order awarding custody of a juvenile offender to a person other than a parent, the court on its own motion, or the ~~secretary~~ commissioner, the attorney for the juvenile offender or any party or parent may file a motion with the court for a rehearing on the issue of custody. Upon receipt of the motion, the court shall fix a time and place for hearing and shall notify each party of the time and place. After the hearing, the court may enter any ~~authorized disposition~~ sentence, except that a child support order which has been registered under K.S.A. 38-16,119 and amendments thereto may only be modified pursuant to K.S.A. 38-16,119 and amend- ments thereto. If the court determines that it is in the best interests of the juvenile offender to be returned to the custody of the parent or par- ents, the court shall so order.

(c) Any time within 60 days after a court has committed a juvenile offender to a ~~state youth center~~ juvenile correctional facility the court may modify the ~~dispositional order~~ sentence and enter any other ~~author- ized disposition~~ sentence, except that a child support order which has been registered under K.S.A. 38-16,119 and amendments thereto may only be modified pursuant to K.S.A. 38-16,119 and amendments thereto. Sec. 84. On and after July 1, 1997, K.S.A. 38-1666 is hereby amended to read as follows: 38-1666. If it is alleged that a juvenile of- fender has violated a condition of probation or of a court-ordered place- ment that would not constitute grounds for filing a new complaint, the county or district attorney, the victim of the offense committed by the offender, the assigned court services officer or the person in whom care, custody and control of the juvenile offender has been placed may file a report with the court describing the alleged violation and requesting a hearing thereon. The court shall then proceed in the same manner and under the same procedure as for a hearing on a complaint. If the court finds at the hearing that the juvenile offender violated a condition of probation or placement, the court may extend or modify the terms of probation or placement or enter another ~~authorized disposition~~ sentence, except that a child support order which has been registered under K.S.A. 38-16,119 and amendments thereto may only be modified pursuant to K.S.A. 38-16,119 and amendments thereto. Sec. 85. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1668 is hereby amended to read as follows: 38-1668. (a) A parent, guardian or person with whom a juvenile resides may be ordered by the court to report any probation violations, aid in enforcing terms and conditions of probation or other orders of the court or ~~both~~ any of the above. Any person placed under an order to report any probation violations, aid in enforcing terms and conditions of probation or other orders of the court or ~~both~~ any of the above who fails to do so may be proceeded against for indirect contempt of court as provided in K.S.A. 20-1204a et seq., and amendments thereto.

(b) This section shall be part of and supplemental to the Kansas ju- venile ~~offenders~~ justice code. Sec. 86. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1671 is hereby amended to read as follows: 38-1671. (a) Actions by the court. When a juvenile offender has been committed to a ~~state youth center~~ juvenile correctional facility, the clerk of the court shall forthwith notify the ~~secretary~~ commissioner of the commitment and provide the ~~secretary~~ commissioner with a certified copy of the complaint, the journal entry of the ~~adjudicatory hearing and the dispositional order~~ trial and the sentence. The court shall also forward those items from the social file which could relate to a rehabilitative program. If the court wishes to recommend placement of the juvenile offender in a specific ~~state youth center~~ juvenile correctional facility, the recommendation shall be included in the ~~dis- positional order~~ sentence. After the court has received notice of the ~~state youth center~~ juvenile correctional facility designated as provided in sub- section (b), it shall be the duty of the court or the sheriff of the county to deliver the juvenile offender to the facility at the time designated by the ~~secretary~~ commissioner.

(b) Actions by the ~~secretary~~ commissioner. (1) After receiving notice of commitment as provided in subsection (a), the ~~secretary~~ commissioner shall give the committing court notice designating the ~~state youth center~~ juvenile correctional facility to which the juvenile offender is to be ad- mitted and the date of the admission.

(2) Except as provided by K.S.A. 38-1691, and amendments thereto, the ~~secretary~~ commissioner may make any temporary out-of-home place- ment the ~~secretary~~ commissioner deems appropriate pending placement of the juvenile offender in a ~~state youth center~~ juvenile correctional fa- cility, and the ~~secretary~~ commissioner shall notify the court, local law enforcement agency and school district in which the juvenile will be re- siding if the juvenile is still required to attend a secondary school of that placement.

(c) Transfers. During the time a juvenile offender remains committed to a ~~state youth center~~ juvenile correctional facility, the ~~secretary~~ com- missioner may transfer the juvenile offender from one ~~state youth center~~ juvenile correctional facility to another. Sec. 87. On and after July 1, 1997, K.S.A. 38-1672 is hereby amended to read as follows: 38-1672. (a) Except as provided in subsection (b), if a complaint is filed alleging a new offense by a juvenile offender who is under commitment to or placement in a ~~state youth center~~ juvenile correctional facility, the juvenile offender shall be forthwith returned to the ~~state youth center~~ juvenile correctional facility or the custody of the ~~secretary~~ commissioner to be detained in a place the ~~secretary~~ commis- sioner directs during the pendency. The juvenile offender may not be either released or detained in any other facility or place. The juvenile offender shall be allowed to confer with the juvenile offender's attorney and the ~~secretary~~ commissioner shall release the juvenile offender to the custody of the court at the times required for ~~adjudication or disposition~~ trial or sentencing. If the juvenile offender is again adjudged to be a juvenile offender, the juvenile offender shall again be committed to a ~~state youth center~~ juvenile correctional facility.

(b) The provisions of subsection (a) shall not apply if a motion is filed requesting authorization to prosecute the juvenile offender as an adult. The juvenile offender may be detained in a juvenile detention facility until the hearing on the motion. If the court hearing the motion fails to authorize prosecution of the juvenile offender as an adult, the juvenile offender shall then be returned to the ~~state youth center~~ juvenile correc- tional facility for further proceedings as provided in subsection (a). Sec. 88. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1673 is hereby amended to read as follows: 38-1673. (a) When a juvenile offender has satisfactorily completed the program at the ~~state youth center~~ juvenile correctional facility to which the juvenile offender was committed or placed, the person in charge of the ~~state youth center~~ juvenile correctional facility shall have authority to release the juvenile offender under appro- priate conditions and for a specified period of time.

(b) At least 15 days prior to releasing a juvenile offender as provided in subsection (a), the person in charge of the ~~state youth center~~ juvenile correctional facility shall notify the committing court of the date and conditions upon which it is proposed the juvenile offender is to be released.

(c) Upon receipt of the notice required by subsection (b), the court shall review the proposed conditions of release and may recommend modifications or additions to the conditions.

(d) If, during the conditional release, the juvenile offender is not re- turning to the county from which committed, the person in charge of the ~~state youth center~~ juvenile correctional facility shall also give notice to the court of the county in which the juvenile offender is to be residing.

(e) To assure compliance with conditions of release from a ~~state youth center~~ juvenile correctional facility, the ~~secretary~~ commissioner shall have the authority to prescribe the manner in which compliance with the con- ditions shall be supervised. When requested by the ~~secretary~~ commis- sioner, the appropriate court may assist in supervising compliance with the conditions of release during the term of the conditional release. The commissioner may require the parents or guardians of the juvenile of- fender to cooperate and participate with the conditions of release.

(f) The ~~department of social and rehabilitation services~~ juvenile jus- tice authority shall notify at least 45 days prior to the discharge of the juvenile offender the county or district attorney of the county where the offender was adjudicated a juvenile offender of the release of such ju- venile offender, if such juvenile offender's offense would have constituted a class A, B or C felony before July 1, 1993, or an off-grid felony, a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a drug crime ranked at severity level 1, 2 or 3, on or after July 1, 1993, if committed by an adult. The county or district attorney shall give written notice at least 30 days prior to the release of the juvenile offender to: (1) Any victim of the juvenile offender's crime who is alive and whose address is known to the court or, if the victim is deceased, to the victim's family if the family's address is known to the court; (2) the local law enforcement agency; and (3) the school district in which the juvenile offender will be residing if the juvenile is still required to attend a secondary school. Fail- ure to notify pursuant to this section shall not be a reason to postpone a release. Nothing in this section shall create a cause of action against the state or county or an employee of the state or county acting within the scope of the employee's employment as a result of the failure to notify pursuant to this section. Sec. 89. On and after July 1, 1997, K.S.A. 38-1674 is hereby amended to read as follows: 38-1674. If it is alleged that a juvenile of- fender who has been conditionally released from a ~~state youth center~~ juvenile correctional facility has failed to obey the specified conditions of release, any social worker or court services officer assigned to supervise compliance with the conditions of release or the county or district attor- ney may file a motion with the committing court or the court of the county in which the juvenile offender is residing. The motion shall describe the alleged violation and request a hearing thereon. The court shall then proceed in the same manner and under the same procedure as provided for a hearing on a complaint filed under this code. If the court finds that a condition of release has been violated, the court may impose additional conditions of release that the court considers appropriate, extend the term of the conditional release or order that the juvenile offender be returned to the ~~state youth center~~ juvenile correctional facility until discharged by the superintendent in charge thereof. Sec. 90. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1675 is hereby amended to read as follows: 38-1675. (a) Unless a juvenile is sen- tenced pursuant to an extended jurisdiction juvenile prosecution upon court order, and the commissioner transfers the juvenile offender to the custody of the secretary of corrections, when a juvenile offender has reached the age of 21 23 years or has successfully completed the program at a ~~state youth center~~ juvenile correctional facility together with any conditional release following the program, the superintendent in charge of the ~~state youth center~~ juvenile correctional facility shall discharge the juvenile offender from any further obligation under the commitment. The discharge shall operate as a full and complete release from any obligations imposed on the juvenile offender arising from the offense for which the juvenile offender was committed.

(b) ~~The department of social and rehabilitation services shall notify~~ At least 45 days prior to the discharge of the juvenile offender, the juvenile justice authority shall notify the court and the county or district attorney of the county where the offender was adjudicated a juvenile offender of the discharge of such juvenile offender, if such juvenile offender's offense would have constituted a class A, B or C felony before July 1, 1993, or an off-grid felony, a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a drug crime ranked at severity level 1, 2 or 3, on or after July 1, 1993, if committed by an adult. The county or district attorney shall give written notice at least 30 days prior to the discharge of the juvenile of- fender to: (1) Any victim of the juvenile offender's crime who is alive and whose address is known to the court or, if the victim is deceased, to the victim's family if the family's address is known to the court; (2) the local law enforcement agency; and (3) the school district in which the juvenile offender will be residing if the juvenile is still required to attend a sec- ondary school. Failure to notify pursuant to this section shall not be a reason to postpone a discharge. Nothing in this section shall create a cause of action against the state or county or an employee of the state or county acting within the scope of the employee's employment as a result of the failure to notify pursuant to this section. Sec. 91. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1676 is hereby amended to read as follows: 38-1676. (a) If a juvenile offender has committed an act which, if committed by a person 18 years of age or over, would constitute a class A or B felony, if the offense was committed before July 1, 1993, or an off-grid felony, a nondrug crime ranked at severity level 1, 2 or 3 or a drug crime ranked at severity level 1 or 2, if the offense was committed on or after July 1, 1993, and such juvenile offender is to be released, 30 days before release, the ~~secretary of social and rehabilitation services~~ commissioner shall notify the county attorney or district attorney, the court, the local law enforcement agency, and the school district in which the juvenile offender will be residing if the ju- venile is still required to attend a secondary school, of such pending re- lease. The county attorney, district attorney or the court on its own motion may file a motion with the court for a hearing to determine if the juvenile offender should be retained in the custody of the ~~secretary~~ commissioner, pursuant to K.S.A. 38-1675, and amendments thereto. The court shall fix a time and place for hearing and shall notify each party of the time and place.

(b) Following the hearing if the court ~~authorizes a dispositional order~~ orders for the ~~secretary~~ commissioner to retain custody, the juvenile of- fender shall not be held in a ~~state youth center~~ juvenile correctional fa- cility for longer than the maximum term of imprisonment which could be imposed upon an adult convicted of the offense or offenses which the juvenile offender has been adjudicated to have committed.

(c) As used in this section, ``maximum term of imprisonment'' means the greatest maximum sentence authorized by K.S.A. 21-4501 and amendments thereto, applying any enhanced penalty which would be applicable under K.S.A. 21-4504 and amendments thereto and computing terms as consecutive when required by K.S.A. 21-4608 and amendments thereto.

(d) This section shall be part of and supplemental to the Kansas ju- venile ~~offenders~~ justice code. Sec. 92. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1677 is hereby amended to read as follows: 38-1677. The ~~secretary~~ commissioner shall develop policies to involve the school district in which the juvenile offender will be residing, if the juvenile is still required to attend a sec- ondary school, in planning for the juvenile's release or discharge. The policies shall include a plan to send to such school district the educational records of the juvenile and notice of the offense the juvenile committed which resulted in the juvenile being adjudicated as a juvenile offender and sent to the ~~youth center~~ juvenile correctional facility. Sec. 93. On and after July 1, 1997, K.S.A. 38-1681 is hereby amended to read as follows: 38-1681. (a) Order authorizing prosecution as an adult or extended jurisdiction juvenile prosecution. (1) Unless the respondent has consented to the order, an appeal may be taken by a respondent from an order authorizing prosecution as an adult. The appeal shall be taken only after conviction and in the same manner as other criminal appeals, except that (A) where the criminal prosecution has re- sulted in a judgment of conviction upon a plea of guilty or nolo conten- dere, an appeal may be taken from the order authorizing prosecution ~~as an adult~~ pursuant to K.S.A. 38-1636, and amendments thereto, notwith- standing the provisions of subsection (a) of K.S.A. 22-3602~~(a)~~ and amend- ments thereto, and (B) if the criminal prosecution results in an acquittal, an appeal may nevertheless be taken from the order authorizing prose- cution ~~as an adult~~ pursuant to K.S.A. 38-1636, and amendments thereto, if the order provides that it attaches to future acts by the respondent as authorized by subsection (h) of K.S.A. 38-1636~~(h)~~, and amendments thereto.

(2) If on appeal the order authorizing prosecution as an adult is re- versed but the finding of guilty is affirmed or the conviction was based on a plea of guilty or nolo contendere, the respondent shall be deemed adjudicated to be a juvenile offender. On remand the district court shall proceed with ~~disposition~~ sentencing.

(b) Orders of ~~adjudication and disposition~~ adjudgment and sentenc- ing. An appeal may be taken by a respondent from an order of ~~adjudi- cation or disposition~~ such respondent being adjudged to be a juvenile offender or sentencing, or both. The appeal shall be taken after, but within 10 days of, the entry of the ~~order of disposition~~ sentence.

(c) Priority. Appeals under this section shall have priority over other cases except those having statutory priority. Sec. 94. On and after July 1, 1997, K.S.A. 38-1682 is hereby amended to read as follows: 38-1682. An appeal may be taken by the prosecution from an order dismissing proceedings when jeopardy has not attached, from an order denying authorization to prosecute a respondent as an adult or upon a question reserved by the prosecution. An appeal upon a question reserved by the prosecution shall be taken within 10 days after ~~adjudication~~ the respondent has been adjudged to be a juvenile of- fender. Other appeals by the prosecution shall be taken within 10 days after the entry of the order appealed from. Sec. 95. On and after July 1, 1997, K.S.A. 38-1691 is hereby amended to read as follows: 38-1691. (a) On and after January 1, 1993, no juvenile shall be detained or placed in any jail pursuant to the Kansas juvenile ~~offenders~~ justice code except as provided by subsections (b) and (c).

(b) Upon being taken into custody, an alleged juvenile offender may be temporarily detained in a jail, in quarters with sight and sound sepa- ration from adult prisoners, for the purpose of identifying and processing the juvenile and transferring the juvenile to a youth residential facility or juvenile detention facility. If a juvenile is detained in jail under this sub- section, the juvenile shall be so detained only for the minimum time necessary, not to exceed six hours, and in no case overnight. Prior to January 1, 1994, if a juvenile is detained in a jail under this subsection, the juvenile may be detained for no more than 24 hours, excluding Sat- urdays, Sundays and legal holidays, from the time the initial detention was imposed if all of the following criteria are met:

(1) A detention hearing is held in accordance with K.S.A. 38-1632 and amendments thereto within 24 hours, excluding Saturdays, Sundays and legal holidays, after the juvenile is taken into custody and notice of such hearing, unless waived, is given at least eight hours prior to the hearing;

~~(2) no part of the county where the juvenile is in custody is within an area designated by the United States bureau of the census as a standard metropolitan statistical area;~~

~~(3) there is no acceptable alternative placement for the juvenile, as determined in accordance with applicable criteria provided by law; and~~

~~(4) the jail where the juvenile is detained has been certified by the secretary of corrections to provide for sight and sound separation of ju- veniles and incarcerated adults.~~

(1) A juvenile 16 years of age or over who is charged with a felony or with more than one offense of which one or more is a felony after having been adjudicated in two separate prior juvenile proceedings as having committed an act which would constitute a felony if committed by an adult and the adjudications occurred prior to the date of the commission of the new act charged;

~~(2) a juvenile who has been prosecuted as an adult by reason of sub- section (c)(1) and whose prosecution results in conviction of a crime;~~

~~(3)~~ A juvenile with regard to whom a motion has been filed requesting prosecution as an adult pursuant to K.S.A. 38-1636 and amendments thereto; or

~~(4)~~ (2) a juvenile who has been charged with or convicted of aggra- vated juvenile delinquency as defined by K.S.A. 21-3611 and amendments thereto.

(d) This section shall be part of and supplemental to the Kansas ju- venile ~~offenders~~ justice code.

~~(e) (1) A county may request, from the attorney general, to be ex- empt from the provisions of this section through December 31, 1993, if such county submits a plan meeting the following criteria:~~

~~(A) Documentation of the reasons why the county cannot meet the requirements of this section;~~

~~(B) a statement of unequivocable commitment to meeting the requirements of this section by January 1, 1994;~~

~~(C) documentation of the resources to be created or contracted for to meet the requirements; and~~

~~(D) creation of a community committee to implement the plan.~~

(2) The county shall submit such request to the attorney general on or before December 1, 1992. The attorney general shall decide whether the county has met the criteria within 30 days of receipt of such request and shall notify, in writing, such county and the department of social and rehabilitation services of the decision. Sec. 96. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1692 is hereby amended to read as follows: 38-1692. (a) As used in this section:

(1) ``Adjudicated person'' means a person adjudged to be a juvenile offender ~~or a juvenile felon~~ or a person not adjudicated because of mental disease or defect.

(2) ``Laboratory confirmation of HIV infection'' means positive test results from a confirmation test approved by the secretary of health and environment.

(3) ``Sexual act'' means contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva or the mouth and the anus. For purposes of this definition contact involving the penis occurs upon penetration, however slight.

(4) ``Test for HIV infection'' means a test approved by the secretary of health and environment to detect the etiologic agent for the disease acquired immune deficiency syndrome.

(5) ``Body fluids'' means blood, semen or vaginal secretions or any body fluid visibly contaminated with blood.

(b) At the time of the first appearance before the court of a person charged with an offense involving a sexual act committed while the person was a juvenile, or in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, the judge shall inform the person or the parent or legal guardian of the person of the availability of testing for HIV infection and counseling and shall cause each alleged victim of the offense, if any, to be notified that testing for HIV infection and counseling is available.

(c) For any offense by an adjudicated person which the court deter- mines, from the facts of the case, involved or was likely to have involved the transmission of body fluids from one person to another or involved a sexual act, the court: (1) May order the adjudicated person to submit to a test for HIV infection; or (2) shall order the adjudicated person to submit to a test for HIV infection if a victim of the offense, or the parent or legal guardian of the victim if the victim is a minor, requests the court to make such order. If a test for HIV infection is ordered under this subsection, a victim who is an adult shall designate a health care provider or counselor to receive the information on behalf of the victim. If a victim is a minor, the parent or legal guardian of the victim shall designate the health care provider or counselor to receive the information. If the test results in a negative reaction, the court shall order the adjudicated person to submit to another test for HIV infection six months after the first test was administered.

(d) The results of any test for HIV infection ordered under this sec- tion shall be disclosed to the court which ordered the test, to the adju- dicated person, or the parent or legal guardian of the adjudicated person, and to each person designated under subsection (c) by a victim or by the parent or legal guardian of a victim. If a test for HIV infection ordered under this section results in a laboratory confirmation of HIV infection, the results shall be reported to the secretary of health and environment and to: (1) The ~~secretary of social and rehabilitation services~~ commissioner of juvenile justice, in the case of a juvenile offender or a person not ad- judicated because of mental disease or defect, for inclusion in such of- fender's or person's medical file; or (2) the secretary of corrections, in the case of a juvenile felon, for inclusion in such juvenile felon's medical file. The secretary of health and environment shall provide to each victim of the crime or sexual act, at the option of such victim, counseling re- garding the human immunodeficiency virus, testing for HIV infection in accordance with K.S.A. 65-6001 et seq. and amendments thereto and referral for appropriate health care and services.

(e) The costs of any counseling and testing provided under subsection (d) by the secretary of health and environment shall be paid from amounts appropriated to the department of health and environment for that pur- pose. The court shall order the adjudicated person to pay restitution to the department of health and environment for the costs of any counseling provided under this section and the costs of any test ordered or otherwise performed under this section.

(f) When a court orders an adjudicated person to submit to a test for HIV infection under this section, the withdrawal of the blood may be performed only by: (1) A person licensed to practice medicine and surgery or a person acting under the supervision of any such licensed person; (2) a licensed professional nurse or a licensed practical nurse; or (3) a qual- ified medical technician. No person authorized by this subsection to with- draw blood, no person assisting in the performance of the test for HIV infection nor any medical care facility where blood is withdrawn or tested that has been ordered by the court to withdraw or test blood shall be liable in any civil or criminal action when the test is performed in a rea- sonable manner according to generally accepted medical practices.

(g) The results of tests or reports, or information therein, obtained under this section shall be confidential and shall not be divulged to any person not authorized by this section to receive the results or information. Any violation of this section is a Class C misdemeanor. Sec. 97. On and after July 1, 1997, K.S.A. 38-16,111 is hereby amended to read as follows: 38-16,111. When a juvenile ~~felon~~ who is under 16 years of age at the time of the sentencing, has been prosecuted as an adult or under the extended jurisdiction juvenile prosecution, and has been placed in the custody of the secretary of the department of corrections, the secretary shall notify the sheriff having such juvenile ~~felon~~ in custody to convey such offender at a time designated by the ~~department of social and rehabilitation services to the youth center at Topeka or the youth center at Beloit. The secretary~~ juvenile justice authority to a juve- nile correctional facility. The commissioner shall notify the court in writing of the initial placement of the juvenile ~~felon in the youth center at Topeka or the youth center at Beloit~~ in the specific juvenile correctional facility as soon as the placement has been accomplished. The ~~secretary~~ commis- sioner shall not permit the juvenile ~~felon~~ to remain detained in any jail for more than 72 hours, excluding Saturdays, Sundays and legal holidays, after the ~~secretary~~ commissioner has received the written order of the court placing the juvenile ~~felon~~ in the custody of the ~~secretary~~ commis- sioner, except that, if that placement cannot be accomplished, the juvenile ~~felon~~ may remain in jail for an additional period of time, not exceeding 10 days, which is specified by the ~~secretary~~ commissioner and approved by the court. Sec. 98. On and after July 1, 1997, K.S.A. 38-16,116 is hereby amended to read as follows: 38-16,116. (a) If a party denies the existence of the parent and child relationship between that party and the juvenile, the court may stay child support proceedings, if any are pending in the case, with respect to that alleged parent and child relationship until the dispute is resolved by agreement, by a separate action under the Kansas parentage act, or otherwise. Nothing in this section shall be construed to limit the power of the court to carry out the purposes of the Kansas juvenile ~~offenders~~ justice code.

(b) When there is a dispute with respect to a parent and child rela- tionship, the court or the custodian of the juvenile may consent to ex- aminations of the juvenile including, but not limited to, withdrawal of blood or other body fluids or tissues, for the purpose of resolving the parentage dispute.

(c) This section shall be part of and supplemental to the Kansas ju- venile ~~offenders~~ justice code. Sec. 99. On and after July 1, 1997, K.S.A. 38-16,117 is hereby amended to read as follows: 38-16,117. (a) In determining the amount of a child support order under the Kansas juvenile ~~offenders~~ justice code, the court shall apply the Kansas child support guidelines adopted pur- suant to K.S.A. 20-165 and amendments thereto.

(b) If the appropriate amount of support under the Kansas child sup- port guidelines cannot be determined because any necessary fact is not proven by evidence or by stipulation of the appropriate parties, the court shall apply one or more of the following presumptions:

(1) Both parents have only gross earned income equal to 40 hours per week at the federal minimum wage then in effect;

(2) neither parent's income is subject to adjustment for any reason;

(3) the number of children is as alleged in the complaint;

(4) the age of each child is as alleged in the complaint or, if unknown, is between seven and 15 years;

(5) no adjustment for child care, health or dental insurance or income tax exemption is appropriate; or

(6) neither parent is entitled to any other credit or adjustment.

(c) If the county or district attorney determines that: (1) A parent will contest the amount of support resulting from application of the guide- lines; (2) the parent is or may be entitled to an adjustment pursuant to the guidelines; and (3) it is in the juvenile's best interests to resolve the support issue promptly and with minimal hostility, the county or district attorney may enter into a stipulation with the parent as to the amount of child support for that parent. The amount of support may be based upon one or more of the presumptions in subsection (b). Except for good cause or as otherwise provided in K.S.A. 38-16,119, and amendments thereto, a stipulation under this subsection shall be binding upon the court and all parties. The criteria for application of this subsection shall be incor- porated into the journal entry or judgment form. Sec. 100. On and after July 1, 1997, K.S.A. 38-16,118 is hereby amended to read as follows: 38-16,118. When child support is ordered pursuant to the Kansas juvenile ~~offenders~~ justice code, a separate journal entry or judgment form shall be made for each parent ordered to pay child support. The journal entry or judgment form shall be entitled: ``In the matter of ___________________________ and _____________________'' (obligee's name) (obligor's name) and shall contain no reference to the official file or social file in the case except the facts necessary to establish personal jurisdiction over the par- ent, the name and date of birth of each child, and findings of fact and conclusions of law directly related to the child support obligation. If the court issues an income withholding order for the parent, it shall be cap- tioned in the same manner. Sec. 101. On and after July 1, 1997, K.S.A. 38-16,119 is hereby amended to read as follows: 38-16,119. (a) A party entitled to receive child support under an order issued pursuant to the Kansas juvenile ~~of- fenders~~ justice code may file with the clerk of the district court in the county in which the judgment was rendered the original child support order and the original income withholding order, if any. If the original child support or income withholding order is unavailable for any reason, a certified or authenticated copy of the order may be substituted. The clerk of the district court shall number the child support order as a case filed under chapter 60 of the Kansas Statutes Annotated and enter the numbering of the case on the appearance docket of the case. Registration of a child support order under this section shall be without cost or docket fee.

(b) If the number assigned to a case under the Kansas juvenile ~~of- fenders~~ justice code appears in the caption of a document filed pursuant to this section, the clerk of the district court may obliterate that number and replace it with the new case number assigned pursuant to this section.

(c) The filing of the child support order shall constitute registration under this section. Upon registration of the child support order, all mat- ters related to that order, including but not limited to modification of the order, shall proceed under the new case number. Registration of a child support order under this section does not confer jurisdiction in the reg- istration case for custody or visitation issues.

(d) The party registering a child support order shall serve a copy of the registered child support order and income withholding order, if any, upon the interested parties by first-class mail. The party registering the child support order shall file, in the official file for each child affected, either a copy of the registered order showing the new case number or a statement that includes the caption, new case number and date of reg- istration of the child support order.

(e) If the ~~secretary of social and rehabilitation services~~ commissioner of juvenile justice is entitled to receive payment under an order which may be registered under this section, the county or district attorney shall take the actions permitted or required in subsections (a) and (d) on behalf of the ~~secretary~~ commissioner, unless otherwise requested by the ~~secre- tary~~ commissioner.

(f) A child support order registered pursuant to this section shall have the same force and effect as an original child support order entered under chapter 60 of the Kansas Statutes Annotated including, but not limited to:

(1) The registered order shall become a lien on the real estate of the judgment debtor in the county from the date of registration;

(2) execution or other action to enforce the registered order may be had from the date of registration;

(3) the registered order may itself be registered pursuant to any law, including but not limited to the revised uniform reciprocal enforcement of support act (1968);

(4) if any installment of support due under the registered order be- comes a dormant judgment, it may be revived pursuant to K.S.A. 60-2404 and amendments thereto; and

(5) the court shall have continuing jurisdiction over the parties and subject matter and, except as otherwise provided in subsection (g), may modify any prior support order when a material change in circumstances is shown irrespective of the present domicile of the child or parents. The court may make a modification of child support retroactive to a date at least one month after the date that the motion to modify was filed with the court.

(g) If a motion to modify the child support order is filed within three months after the date of registration pursuant to this section; if no motion to modify the order has previously been heard and if the moving party shows that the support order was based upon one or more of the pre- sumptions provided in K.S.A. 38-16,117, and amendments thereto, or upon a stipulation pursuant to subsection (c) of K.S.A. 38-16,117, and amendments thereto, the court shall apply the Kansas child support guide- lines adopted pursuant to K.S.A. 20-165 and amendments thereto without requiring any party to show that a material change of circumstances has occurred, without regard to any previous presumption or stipulation used to determine the amount of the child support order, and irrespective of the present domicile of the child or parents. Nothing in this subsection shall prevent or limit enforcement of the support order during the three months after the date of registration. Sec. 102. On and after July 1, 1997, K.S.A. 38-16,120 is hereby amended to read as follows: 38-16,120. (a) The remedies provided in this code with respect to child support are in addition to and not in substi- tution for any other remedy.

(b) This section and K.S.A. 38-16,116, 38-16,117, 38-16,118 and 38- 16,119 and amendments thereto shall be part of and supplemental to the Kansas juvenile ~~offenders~~ justice code. Sec. 103. On and after July 1, 1997, K.S.A. 1995 Supp. 38-1813 is hereby amended to read as follows: 38-1813. (a) The local citizen review board shall have the duty, authority and power to:

(1) Review each case of a child who is the subject of a child in need of care petition or who has been adjudicated a child in need of care or who is a juvenile offender referred by the judge, receive verbal infor- mation from all persons with pertinent knowledge of the case and have access to materials contained in the court's files on the case;

(2) determine the progress which has been made to acquire a per- manent home for the child in need of care or toward rehabilitation for the juvenile offender;

(3) suggest an alternative case goal if progress has been insufficient; and

(4) make recommendations to the judge regarding further actions on the case.

(b) The initial review by the local citizen review board may take place any time after a petition is filed for a child in need of care and after adjudication for a juvenile offender. A review must occur within six months after the initial disposition hearing.

(d) The judge shall consider the local citizen review board recom- mendations in making an authorized disposition pursuant to K.S.A. 38- 1563 or, and amendments thereto, or in issuing a sentence pursuant to 38-1663, and amendments thereto, and may incorporate the citizen review board's recommendations into an order in lieu of the six-month review hearing. The local citizen review board review shall not replace the 18-month hearing or the successive 12-month hearings pursuant to K.S.A. 38-1563, and amendments thereto in child in need of care cases.

(e) Three members of the local citizen review board must be present to review a case.

(f) The court shall provide a place for the reviews to be held. The local citizen review board members shall travel to the county of the family residence of the child being reviewed to hold the review. Sec. 104. On and after July 1, 1997, K.S.A. 1995 Supp. 39-708c is hereby amended to read as follows: 39-708c. (a) The secretary of social and rehabilitation services shall develop state plans, as provided under the federal social security act, whereby the state cooperates with the fed- eral government in its program of assisting the states financially in fur- nishing assistance and services to eligible individuals. The secretary shall undertake to cooperate with the federal government on any other federal program providing federal financial assistance and services in the field of social welfare not inconsistent with this act. The secretary is not required to develop a state plan for participation or cooperation in all federal social security act programs or other federal programs that are available. The secretary shall also have the power, but is not required, to develop a state plan in regard to assistance and services in which the federal government does not participate.

(b) The secretary shall have the power and duty to determine the general policies relating to all forms of social welfare which are admin- istered or supervised by the secretary and to adopt the rules and regu- lations therefor.

(c) The secretary shall hire, in accordance with the provisions of the Kansas civil service act, such employees as may be needed, in the judg- ment of the secretary, to carry out the provisions of this act. The secretary shall advise the governor and the legislature on all social welfare matters covered in this act.

(d) The secretary shall establish and maintain intake offices through- out the state. The secretary may establish and create area offices to co- ordinate and supervise the administration of the intake offices located within the area. The number and location of intake offices and area offices shall be within the discretion of the secretary. Each intake office shall be open at least 12 hours of each working week on a regularly scheduled basis. The secretary shall supervise all social welfare activities of the intake offices and area offices. The secretary may lease office or business space, but no lease or rental contract shall be for a period to exceed 10 years. A person desiring public assistance, or if the person is incapable or inca- pacitated, a relative, friend, personal representative or conservator of the person shall make application at the intake office. When it is necessary, employees may take applications elsewhere at any time. The applications shall contain a statement of the amount of property, both personal and real, in which the applicant has an interest and of all income which the applicant may have at the time of the filing of the application and such other information as may be required by the secretary. When a husband and wife are living together the combined income or resources of both shall be considered in determining the eligibility of either or both for assistance unless otherwise prohibited by law. The form of application, the procedure for the determination of eligibility and the amount and kind of assistance or service shall be determined by the secretary.

(e) The secretary shall provide special inservice training for employ- ees of the secretary and may provide the training as a part of the job or at accredited educational institutions.

(f) The secretary shall establish an adequate system of financial re- cords. The secretary shall make annual reports to the governor and shall make any reports required by federal agencies.

(g) The secretary shall sponsor, operate or supervise community work experience programs whereby recipients of assistance shall work out a part or all of their assistance and conserve work skills and develop new skills. The compensation credited to recipients for the programs shall be based upon an hourly rate equal to or in excess of the federal minimum wage hourly rate. The programs shall be administered by the secretary. In the programs, the secretary shall provide protection to the recipient under the workmen's compensation act or shall provide comparable pro- tection and may enter into cooperative arrangements with other public officials and agencies or with private not-for-profit corporations providing assistance to needy persons in developing, subject to the approval of the secretary, the programs under this section.

(h) The secretary may receive, have custody of, protect, administer, disburse, dispose of and account for federal or private commodities, equipment, supplies and any kind of property, including food stamps or coupons, which are given, granted, loaned or advanced to the state of Kansas for social welfare works, and for any other purposes provided for by federal laws or rules and regulations or by private devise, grant or loan, or from corporations organized to act as federal agencies, and to do all things and acts which are necessary or required to perform the functions and carry out the provisions of federal laws, rules and regulations under which such commodities, equipment, supplies and other property may be given, granted, loaned or advanced to the state of Kansas, and to act as an agent of the federal government when designated as an agent, and do and perform all things and acts that may be required by the federal laws or rules and regulations not inconsistent with the act.

(i) The secretary may assist other departments, agencies and insti- tutions of the state and federal government and of other states under interstate agreements, when so requested, by performing services in con- formity with the purpose of this act.

(j) The secretary shall have authority to lease real and personal prop- erty whenever the property is not available through the state or a political subdivision of the state, for carrying on the functions of the secretary.

(k) All contracts shall be made in the name of ``secretary of social and rehabilitation services,'' and in that name the secretary may sue and be sued on such contracts. The grant of authority under this subsection shall not be construed to be a waiver of any rights retained by the state under the 11th amendment to the United States constitution and shall be subject to and shall not supersede the provisions of any appropriations act of this state.

(l) All moneys and property of any kind whatsoever received from the Kansas emergency relief committee or from any other state department or political subdivision of the state shall be used by the secretary in the administration and promotion of social welfare in the state of Kansas. The property may be given, loaned or placed at the disposal of any county, city or state agency engaged in the promotion of social welfare.

(m) The secretary shall prepare annually, at the time and in the form directed by the governor, a budget covering the estimated receipts and expenditures of the secretary for the ensuing year.

(n) The secretary shall have authority to make grants of funds, com- modities or other needed property to local units of government under rules and regulations adopted by the secretary for the promotion of social welfare in local units of government.

(o) The secretary shall have authority to sell any property in the se- cretary's possession received from any source whatsoever for which there is no need or use in the administration or the promotion of social welfare in the state of Kansas.

(p) The secretary shall adopt a seal.

(q) The secretary shall initiate or cooperate with other agencies in developing programs for the prevention of blindness, the restoration of eyesight and the vocational rehabilitation of blind persons and shall es- tablish a division of services for the blind. The secretary may initiate or cooperate with other agencies in developing programs for the prevention and rehabilitation of other handicapped persons.

(r) The secretary shall develop a children and youth service program and shall administer or supervise program activities including the care and protection of children who are deprived, defective, wayward, miscre- ant, delinquent, or children in need of care~~, juvenile offenders or children in danger of becoming juvenile offenders~~. The secretary shall cooperate with the federal government through its appropriate agency or instru- mentality in establishing, extending and strengthening such services and undertake other services to children authorized by law. Nothing in this act shall be construed as authorizing any state official, agent or represen- tative, in carrying out any of the provisions of this act, to take charge of any child over the objection of either of the parents of such child or of the person standing in loco parentis to such child except pursuant to a proper court order.

(s) The secretary shall develop plans financed by federal funds or state funds or both for providing medical care for needy persons. The secretary, in developing the plan, may enter into an agreement with an agent or intermediary for the purpose of performing certain functions, including the making of medical payment reviews, determining the amount due the medical vendors from the state in accordance with stan- dards set by the secretary, preparing and certifying to the secretary lists of medical vendors and the amounts due them and other related functions determined by the secretary. The secretary may also provide medical, remedial, preventive or rehabilitative care and services for needy persons by the payment of premiums to the federal social security system for the purchase of supplemental medical insurance benefits as provided by the federal social security act and amendments thereto. Medicaid recipients who were residents of a nursing facility on September 1, 1991, and who subsequently lost eligibility in the period September 1, 1991, through June 30, 1992, due to an increase in income shall be considered to meet the 300% income cap eligibility test.

(t) The secretary shall carry on research and compile statistics relative to the entire social welfare program throughout the state, including all phases of dependency, defectiveness, delinquency and related problems; develop plans in cooperation with other public and private agencies for the prevention as well as treatment of conditions giving rise to social welfare problems.

(u) The secretary may receive grants, gifts, bequests, money or aid of any character whatsoever, for state welfare work. All moneys coming into the hands of the secretary shall be deposited in the state social welfare fund provided for in this act.

(v) The secretary may enter into agreements with other states or the welfare department of other states, in regard to the manner of determin- ing the state of residence in disputed cases, the manner of returning persons to the place of residence and the bearing or sharing of the costs.

(w) The secretary shall perform any other duties and services nec- essary to carry out the purposes of this act and promote social welfare in the state of Kansas, not inconsistent with the state law.

(x) The secretary shall establish payment schedules for each group of health care providers. Any payment schedules which are a part of the state medicaid plan shall conform to state and federal law. The secretary shall not be required to make any payments under the state medicaid plan which do not meet requirements for state and federal financial participation.

(1) The secretary shall consider budgetary constraints as a factor in establishing payment schedules so long as the result complies with state and federal law.

(2) The secretary shall establish payment schedules for providers of hospital and adult care home services under the medicaid plan that are reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities in order to provide care and services in conformity with applicable state and federal laws, regu- lations, and quality and safety standards. The secretary shall not be re- quired to establish rates for any such facility that are in excess of the minimum necessary to efficiently and economically meet those standards regardless of any excess costs incurred by any such facility.

(y) The secretary shall maintain a system of centralized payment for all welfare expenditures. Sec. 105. On and after July 1, 1997, K.S.A. 39-713c is hereby amended to read as follows: 39-713c. The secretary shall find suitable homes for children who are deprived, wayward, miscreant, delinquent, or children in need of care ~~or juvenile offenders~~ referred to the secretary by the district court, and place and supervise the children in such homes. This shall not prevent the use of licensed private child-placing agencies by the secretary or district court when desired. Sec. 106. On and after July 1, 1997, K.S.A. 39-1301 is hereby amended to read as follows: 39-1301. (a) The purpose of this act shall be to aid in development, maintenance, improvement or expansion of com- munity based group boarding homes for children and youth and com- munity based services for children and youth in this state.

(b) Any community based group boarding homes for children and youth that provide services for juvenile offenders only pursuant to K.S.A. 39-1301 et seq., and amendments thereto, shall be under the authority of the commissioner of juvenile justice for the purposes of K.S.A. 39-1301 et seq., and amendments thereto. All other community based group boarding homes for children and youth shall be under the authority of the secretary for the purposes of K.S.A. 39-1301 et seq., and amendments thereto. Sec. 107. On and after July 1, 1997, K.S.A. 39-1302 is hereby amended to read as follows: 39-1302. The secretary of social and reha- bilitation services, referred to in this act as secretary, is hereby designated as the official agency of this state authorized to accept and disburse funds made available to the secretary or the commissioner of juvenile justice for grants-in-aid to eligible local community organizations for community based group boarding homes for children and youth or to eligible local community based services for children and youth. The secretary may ac- cept any moneys made available to the state by the federal government or any agency thereof and accept and account for state appropriations, gifts and donations from any other sources. Sec. 108. On and after July 1, 1997, K.S.A. 39-1303 is hereby amended to read as follows: 39-1303. The secretary or the commissioner of juvenile justice shall make no commitment nor enter into any agree- ment under authority of this act until he the secretary or commissioner has determined that sufficient funds have been appropriated to meet the state's share of the cost thereof. The secretary or commissioner shall not enter into any such agreement until he the secretary or commissioner has published standards relating to such homes and services, and such stan- dards have been complied with by those with whom such contracts are made. The secretary or commissioner shall not enter into any such agree- ment until he the secretary or commissioner has been provided adequate assurance that the local organizations applying for aid has sufficient funds available to meet any obligations assumed under the agreement entered into. Sec. 109. On and after July 1, 1997, K.S.A. 39-1307 is hereby amended to read as follows: 39-1307. All applications for grants-in-aid under this act shall be submitted to the secretary or commissioner, which- ever is applicable, for approval or rejection. Whenever any such appli- cation is approved, the secretary or commissioner may enter into agree- ments ~~and expend funds~~ for grants-in-aid as authorized in this act. The secretary shall expend funds for grants-in-aid as authorized in this act for all community based group boarding homes for children and youth. Any funds for grants-in-aid for such homes under the authority of the com- missioner shall be expended upon written approval by the commissioner and communicated to the secretary. Sec. 110. On and after July 1, 1997, K.S.A. 40-1909 is hereby amended to read as follows: 40-1909. Such corporations shall be subject to the provisions of the Kansas general corporation code, articles 60 to 74, inclusive, of chapter 17 of the Kansas Statutes Annotated, applicable to nonprofit corporations, to the provisions of K.S.A. 40-2,116 and 40- 2,117 and to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40- 219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40- 235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252, 40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40- 2,114, 40-2a01 to 40-2a19, inclusive, 40-2216 to 40-2221, inclusive, 40- 2401 to 40-2421, inclusive, 40-3301 to 40-3313, inclusive, section 15, and amendments thereto, except as the context otherwise requires, and shall not be subject to any other provisions of the insurance code except as expressly provided in this act. Sec. 111. On and after July 1, 1997, K.S.A. 1995 Supp. 40-19a10 is hereby amended to read as follows: 40-19a10. (a) Such corporations shall be subject to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40- 219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40- 235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252, 40- 254, 40-2,102, 40-2a01 et seq., 40-2215 to 40-2220, inclusive, 40-2253, 40-2401 to 40-2421, inclusive, 40-3301 to 40-3313, inclusive, ~~and amend- ments thereto, and to the provisions of~~ K.S.A. 1995 Supp. 40-2,154 and section 15, and amendments thereto, except as the context otherwise re- quires, and shall not be subject to any other provisions of the insurance code except as expressly provided in this act.

(b) No policy, agreement, contract or certificate issued by a corpo- ration to which this section applies shall contain a provision which ex- cludes, limits or otherwise restricts coverage because medicaid benefits as permitted by title XIX of the social security act of 1965 are or may be available for the same accident or illness.

(c) Violation of subsection (b) shall be subject to the penalties pre- scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto. Sec. 112. On and after July 1, 1997, K.S.A. 1995 Supp. 40-19b10 is hereby amended to read as follows: 40-19b10. (a) Such corporations shall be subject to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40- 219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40- 235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252, 40- 254, 40-2,102, 40-2a01 et seq., 40-2215, 40-2253, 40-2401 to 40-2421, inclusive, and 40-3301 to 40-3312, inclusive, ~~and amendments thereto, and to the provisions of~~ K.S.A. 1995 Supp. 40-2,154 and section 15, and amendments thereto, except as the context otherwise requires, and shall not be subject to any other provisions of the insurance code except as expressly provided in this act.

(c) Violation of subsection (b) shall be subject to the penalties pre- scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto. Sec. 113. On and after July 1, 1997, K.S.A. 1995 Supp. 40-19c09 is hereby amended to read as follows: 40-19c09. (a) Corporations organized under the nonprofit medical and hospital service corporation act shall be subject to the provisions of the Kansas general corporation code, articles 60 to 74, inclusive, of chapter 17 of the Kansas Statutes Annotated, ap- plicable to nonprofit corporations, to the provisions of K.S.A. 40-214, 40- 215, 40-216, 40-218, 40-219, 40-222, 40-223, 40-224, 40-225, 40-226, 40- 229, 40-230, 40-231, 40-235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252, 40-254, 40-2,100, 40-2,101, 40-2,102, 40-2,103, 40-2,104, 40-2,105, 40-2,116, 40-2,117, 40-2a01 et seq., 40-2111 to 40- 2116, inclusive, 40-2215 to 40-2220, inclusive, 40-2221a, 40-2221b, 40- 2229, 40-2230, 40-2250, 40-2251, 40-2253, 40-2254, 40-2401 to 40-2421, inclusive, and 40-3301 to 40-3313, inclusive, ~~and amendments thereto, and to the provisions of~~ K.S.A. 1995 Supp. 40-2,153 ~~and~~, 40-2,154, and section 15, and amendments thereto, except as the context otherwise re- quires, and shall not be subject to any other provisions of the insurance code except as expressly provided in this act.

(c) Violation of subsection (b) shall be subject to the penalties pre- scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto. Sec. 114. On and after July 1, 1997, K.S.A. 1995 Supp. 40-19d10 is hereby amended to read as follows: 40-19d10. (a) Such corporations shall be subject to the provisions of K.S.A. 40-214, 40-215, 40-216, 40-218, 40- 219, 40-222, 40-223, 40-224, 40-225, 40-226, 40-229, 40-230, 40-231, 40- 235, 40-236, 40-237, 40-247, 40-248, 40-249, 40-250, 40-251, 40-252, 40- 254, 40-2,102, 40-2a01 et seq., 40-2215 to 40-2220, inclusive, 40-2253, 40-2401 to 40-2421, inclusive, 40-3301 to 40-3313, inclusive, ~~and amend- ments thereto, and to the provisions of~~ K.S.A. 1995 Supp. 40-2,154 and section 15, and amendments thereto, except as the context otherwise re- quires, and shall not be subject to any other provisions of the insurance code except as expressly provided in this act.

(c) Violation of subsection (b) shall be subject to the penalties pre- scribed by K.S.A. 40-2407 and 40-2411, and amendments thereto. Sec. 115. On and after July 1, 1997, K.S.A. 1995 Supp. 41-727 is hereby amended to read as follows: 41-727. (a) Except with regard to serving of alcoholic liquor or cereal malt beverage as permitted by K.S.A. 41-308a, 41-308b, 41-2610 or 41-2704, and amendments thereto, no per- son under 21 years of age shall possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law.

(b) Violation of this section by a person 18 or more years of age but less than 21 years of age is a class C misdemeanor for which the minimum fine is $200.

(c) Any person less than 18 years of age who violates this section is a juvenile offender under the Kansas juvenile ~~offenders~~ justice code. Upon adjudication thereof and as a condition of disposition, the court shall re- quire the offender to pay a fine of not less than $200 nor more than $500.

(d) In addition to any other penalty provided for a violation of this section, the court may order the offender to do either or both of the following:

(1) Perform 40 hours of public service; or

(2) attend and satisfactorily complete a suitable educational or train- ing program dealing with the effects of alcohol or other chemical sub- stances when ingested by humans.

(e) This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person's parent or legal guardian.

(f) Any city ordinance or county resolution prohibiting the acts pro- hibited by this section shall provide a minimum penalty which is not less than the minimum penalty prescribed by this section.

(g) This section shall be part of and supplemental to the Kansas liquor control act. Sec. 116. On and after July 1, 1997, K.S.A. 60-460 is hereby amended to read as follows: 60-460. Evidence of a statement which is made other than by a witness while testifying at the hearing, offered to prove the truth of the matter stated, is hearsay evidence and inadmissible except:

(a) Previous statements of persons present. A statement previously made by a person who is present at the hearing and available for cross- examination with respect to the statement and its subject matter, provided the statement would be admissible if made by declarant while testifying as a witness.

(b) Affidavits. Affidavits, to the extent admissible by the statutes of this state.

(c) Depositions and prior testimony. Subject to the same limitations and objections as though the declarant were testifying in person, (1) tes- timony in the form of a deposition taken in compliance with the law of this state for use as testimony in the trial of the action in which offered or (2) if the judge finds that the declarant is unavailable as a witness at the hearing, testimony given as a witness in another action or in a prelim- inary hearing or former trial in the same action, or in a deposition taken in compliance with law for use as testimony in the trial of another action, when (A) the testimony is offered against a party who offered it in the party's own behalf on the former occasion or against the successor in interest of such party or (B) the issue is such that the adverse party on the former occasion had the right and opportunity for cross-examination with an interest and motive similar to that which the adverse party has in the action in which the testimony is offered, but the provisions of this subsection (c) shall not apply in criminal actions if it denies to the accused the right to meet the witness face to face.

(d) Contemporaneous statements and statements admissible on ground of necessity generally. A statement which the judge finds was made (1) while the declarant was perceiving the event or condition which the statement narrates, describes or explains, (2) while the declarant was under the stress of a nervous excitement caused by such perception or (3) if the declarant is unavailable as a witness, by the declarant at a time when the matter had been recently perceived by the declarant and while the declarant's recollection was clear and was made in good faith prior to the commencement of the action and with no incentive to falsify or to distort.

(e) Dying declarations. A statement by a person unavailable as a wit- ness because of the person's death if the judge finds that it was made (1) voluntarily and in good faith and (2) while the declarant was conscious of the declarant's impending death and believed that there was no hope of recovery.

(f) Confessions. In a criminal proceeding as against the accused, a previous statement by the accused relative to the offense charged, but only if the judge finds that the accused (1) when making the statement was conscious and was capable of understanding what the accused said and did and (2) was not induced to make the statement (A) under com- pulsion or by infliction or threats of infliction of suffering upon the ac- cused or another, or by prolonged interrogation under such circumstances as to render the statement involuntary or (B) by threats or promises con- cerning action to be taken by a public official with reference to the crime, likely to cause the accused to make such a statement falsely, and made by a person whom the accused reasonably believed to have the power or authority to execute the same.

(g) Admissions by parties. As against a party, a statement by the per- son who is the party to the action in the person's individual or a repre- sentative capacity and, if the latter, who was acting in such representative capacity in making the statement.

(h) Authorized and adoptive admissions. As against a party, a state- ment (1) by a person authorized by the party to make a statement or statements for the party concerning the subject of the statement or (2) of which the party with knowledge of the content thereof has, by words or other conduct, manifested the party's adoption or belief in its truth.

(i) Vicarious admissions. As against a party, a statement which would be admissible if made by the declarant at the hearing if (1) the statement concerned a matter within the scope of an agency or employment of the declarant for the party and was made before the termination of such relationship, (2) the party and the declarant were participating in a plan to commit a crime or a civil wrong and the statement was relevant to the plan or its subject matter and was made while the plan was in existence and before its complete execution or other termination or (3) one of the issues between the party and the proponent of the evidence of the state- ment is a legal liability of the declarant, and the statement tends to es- tablish that liability.

(j) Declarations against interest. Subject to the limitations of excep- tion (f), a statement which the judge finds was at the time of the assertion so far contrary to the declarant's pecuniary or proprietary interest or so far subjected the declarant to civil or criminal liability or so far rendered invalid a claim by the declarant against another or created such risk of making the declarant an object of hatred, ridicule or social disapproval in the community that a reasonable person in the declarant's position would not have made the statement unless the person believed it to be true.

(k) Voter's statements. A statement by a voter concerning the voter's qualifications to vote or the fact or content of the voter's vote.

(l) Statements of physical or mental condition of declarant. Unless the judge finds it was made in bad faith, a statement of the declarant's (1) then existing state of mind, emotion or physical sensation, including statements of intent, plan, motive, design, mental feeling, pain and bodily health, but not including memory or belief to prove the fact remembered or believed, when such a mental or physical condition is in issue or is relevant to prove or explain acts or conduct of the declarant or (2) pre- vious symptoms, pain or physical sensation, made to a physician consulted for treatment or for diagnosis with a view to treatment, and relevant to an issue of declarant's bodily condition.

(m) Business entries and the like. Writings offered as memoranda or records of acts, conditions or events to prove the facts stated therein, if the judge finds that (1) they were made in the regular course of a business at or about the time of the act, condition or event recorded and (2) the sources of information from which made and the method and circum- stances of their preparation were such as to indicate their trustworthiness.

If the procedure specified by subsection (b) of K.S.A. 60-245a for pro- viding business records has been complied with and no party has required the personal attendance of a custodian of the records or the production of the original records, the affidavit of the custodian shall be prima facie evidence that the records satisfy the requirements of this subsection.

(n) Absence of entry in business records. Evidence of the absence of a memorandum or record from the memoranda or records of a business of an asserted act, event or condition, to prove the nonoccurrence of the act or event, or the nonexistence of the condition, if the judge finds that it was the regular course of that business to make such memoranda of all such acts, events or conditions at the time thereof or within a reasonable time thereafter and to preserve them.

(o) Content of official record. Subject to K.S.A. 60-461 and amend- ments thereto, (1) if meeting the requirements of authentication under K.S.A. 60-465 and amendments thereto, to prove the content of the rec- ord, a writing purporting to be a copy of an official record or of an entry therein or (2) to prove the absence of a record in a specified office, a writing made by the official custodian of the official records of the office, reciting diligent search and failure to find such record.

(p) Certificate of marriage. Subject to K.S.A. 60-461 and amend- ments thereto, certificates that the maker thereof performed marriage ceremonies, to prove the truth of the recitals thereof, if the judge finds that (1) the maker of the certificates, at the time and place certified as the times and places of the marriages, was authorized by law to perform marriage ceremonies and (2) the certificate was issued at that time or within a reasonable time thereafter.

(q) Records of documents affecting an interest in property. Subject to K.S.A. 60-461 and amendments thereto, the official record of a doc- ument purporting to establish or affect an interest in property, to prove the content of the original recorded document and its execution and de- livery by each person by whom it purports to have been executed, if the judge finds that (1) the record is in fact a record of an office of a state or nation or of any governmental subdivision thereof and (2) an applicable statute authorized such a document to be recorded in that office.

(r) Judgment of previous conviction. Evidence of a final judgment adjudging a person guilty of a felony, to prove any fact essential to sustain the judgment.

(s) Judgment against persons entitled to indemnity. To prove the wrong of the adverse party and the amount of damages sustained by the judgment creditor, evidence of a final judgment if offered by a judgment debtor in an action in which the debtor seeks to recover partial or total indemnity or exoneration for money paid or liability incurred by the debtor because of the judgment, provided the judge finds that the judg- ment was rendered for damages sustained by the judgment creditor as a result of the wrong of the adverse party to the present action.

(t) Judgment determining public interest in land. To prove any fact which was essential to the judgment, evidence of a final judgment deter- mining the interest or lack of interest of the public or of a state or nation or governmental division thereof in land, if offered by a party in an action in which any such fact or such interest or lack of interest is a material matter.

(u) Statement concerning one's own family history. A statement of a matter concerning a declarant's own birth, marriage, divorce, legitimacy, relationship by blood or marriage, race-ancestry or other similar fact of the declarant's family history, even though the declarant had no means of acquiring personal knowledge of the matter declared, if the judge finds that the declarant is unavailable.

(v) Statement concerning family history of another. A statement con- cerning the birth, marriage, divorce, death, legitimacy, race-ancestry, re- lationship by blood or marriage or other similar fact of the family history of a person other than the declarant if the judge finds that the declarant (1) was related to the other by blood or marriage, or was otherwise so intimately associated with the other's family as to be likely to have accu- rate information concerning the matter declared, and made the statement as upon information received from the other or from a person related by blood or marriage to the other or as upon repute in the other's family and (2) is unavailable as a witness.

(w) Statement concerning family history based on statement of an- other declarant. A statement of a declarant that a statement admissible under exceptions (u) or (v) was made by another declarant, offered as tending to prove the truth of the matter declared by both declarants, if the judge finds that both declarants are unavailable as witnesses.

(x) Reputation in family concerning family history. Evidence of rep- utation among members of a family, if the reputation concerns the birth, marriage, divorce, death, legitimacy, race-ancestry or other fact of the family history of a member of the family by blood or marriage.

(y) Reputation -- boundaries, general history, family history. Evi- dence of reputation in a community as tending to prove the truth of the matter reputed, if the reputation concerns (1) boundaries of or customs affecting, land in the community and the judge finds that the reputation, if any, arose before controversy, (2) an event of general history of the community or of the state or nation of which the community is a part and the judge finds that the event was of importance to the community or (3) the birth, marriage, divorce, death, legitimacy, relationship by blood or marriage, or race-ancestry of a person resident in the community at the time of the reputation, or some other similar fact of the person's family history or of the person's personal status or condition which the judge finds likely to have been the subject of a reliable reputation in that community.

(z) Reputation as to character. If a trait of a person's character at a specified time is material, evidence of the person's reputation with ref- erence thereto at a relevant time in the community in which the person then resided or in a group with which the person then habitually associ- ated, to prove the truth of the matter reputed.

(aa) Recitals in documents affecting property. Evidence of a state- ment relevant to a material matter, contained in a deed of conveyance or a will or other document purporting to affect an interest in property, offered as tending to prove the truth of the matter stated, if the judge finds that (1) the matter stated would be relevant upon an issue as to an interest in the property and (2) the dealings with the property since the statement was made have not been inconsistent with the truth of the statement.

(bb) Commercial lists and the like. Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, reg- ister, periodical or other published compilation, to prove the truth of any relevant matter so stated, if the judge finds that the compilation is pub- lished for use by persons engaged in that occupation and is generally used and relied upon by them.

(cc) Learned treatises. A published treatise, periodical or pamphlet on a subject of history, science or art, to prove the truth of a matter stated therein, if the judge takes judicial notice, or a witness expert in the subject testifies, that the treatise, periodical or pamphlet is a reliable authority in the subject.

(dd) Actions involving children. In a criminal proceeding or a pro- ceeding pursuant to the Kansas juvenile ~~offender's~~ justice code or in a proceeding to determine if a child is a child in need of care under the Kansas code for care of children, a statement made by a child, to prove the crime or that a child is a juvenile offender or a child in need of care, if:

(1) The child is alleged to be a victim of the crime or offense or a child in need of care; and

(2) the trial judge finds, after a hearing on the matter, that the child is disqualified or unavailable as a witness, the statement is apparently reliable and the child was not induced to make the statement falsely by use of threats or promises.

If a statement is admitted pursuant to this subsection in a trial to a jury, the trial judge shall instruct the jury that it is for the jury to deter- mine the weight and credit to be given the statement and that, in making the determination, it shall consider the age and maturity of the child, the nature of the statement, the circumstances under which the statement was made, any possible threats or promises that might have been made to the child to obtain the statement and any other relevant factor.

(ee) Certified motor vehicle certificate of title history. Subject to K.S.A. 60-461, and amendments thereto, a certified motor vehicle certif- icate of title history prepared by the division of vehicles of the Kansas department of revenue. Sec. 117. On and after July 1, 1997, K.S.A. 1995 Supp. 65-516 is hereby amended to read as follows: 65-516. (a) No person shall knowingly maintain a child care facility or maintain a family day care home if, in the child care facility or family day care home, there resides, works or regu- larly volunteers any person who:

(1) (A) Has a felony conviction for a crime against persons, (B) has a felony conviction under the uniform controlled substances act, (C) has a conviction of any act which is described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated and acts amendatory thereof or sup- plemental thereto or a conviction of an attempt under K.S.A. 21-3301 and amendments thereto to commit any such act, or (D) has been con- victed of any act which is described in K.S.A. 21-4301 or 21-4301a and amendments thereto or similar statutes of other states or the federal government;

(2) has been adjudicated a juvenile offender because of having com- mitted an act which if done by an adult would constitute the commission of a felony and which is a crime against persons, is any act described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto, or is any act described in K.S.A. 21-4301 or 21-4301a and amendments thereto or similar statutes of other states or the federal government;

(3) has committed an act of physical, mental or emotional abuse or neglect or sexual abuse as validated by the department of social and re- habilitation services pursuant to K.S.A. 38-1523 and amendments thereto and (A) the person has failed to successfully complete a corrective action plan which had been deemed appropriate and approved by the depart- ment of social and rehabilitation services, or (B) the record has not been expunged pursuant to rules and regulations adopted by the secretary of social and rehabilitation services;

(4) has had a child declared in a court order in this or any other state to be deprived or a child in need of care based on an allegation of physical, mental or emotional abuse or neglect or sexual abuse;

(5) has had parental rights terminated pursuant to the Kansas juvenile code or K.S.A. 38-1581 through 38-1584, and amendments thereto, or a similar statute of other states;

(6) has signed a diversion agreement pursuant to K.S.A. 22-2906 et seq., and amendments thereto, or an immediate intervention agreement pursuant to K.S.A. 38-1635 and amendments thereto involving a charge of child abuse or a sexual offense; or

(7) has an infectious or contagious disease.

(b) No person shall maintain a child care facility or a family day care home if such person has been found to be a disabled person in need of a guardian or conservator, or both.

(c) Any person who resides in a child care facility or family day care home and who has been found to be a disabled person in need of a guardian or conservator, or both, shall be counted in the total number of children allowed in care.

(d) In accordance with the provisions of this subsection (d), the sec- retary shall have access to any court orders or adjudications of any court of record, any records of such orders or adjudications, criminal history record information in the possession of the Kansas bureau of investigation and any report of investigations as authorized by subsection (e) of K.S.A. 38-1523 and amendments thereto in the possession of the department of social and rehabilitation services or court of this state concerning persons working, regularly volunteering or residing in a child care facility or a family day care home. The secretary shall have access to these records for the purpose of determining whether or not the home meets the requirements of K.S.A. 65-516 and 65-519 and amendments thereto.

(e) No child care facility or family day care home or the employees thereof, shall be liable for civil damages to any person refused employ- ment or discharged from employment by reason of such facility's or ho- me's compliance with the provisions of this section if such home acts in good faith to comply with this section.

(f) For the purpose of subsection (a)(3), an act of abuse or neglect shall not be considered to have been validated by the department of social and rehabilitation services unless the alleged perpetrator has: (1) Had an opportunity to be interviewed and present information during the inves- tigation of the alleged act of abuse or neglect; and (2) been given notice of the agency decision and an opportunity to appeal such decision to the secretary and to the courts pursuant to the act for judicial review and civil enforcement of agency actions. Sec. 118. On and after July 1, 1997, K.S.A. 65-1626 is hereby amended to read as follows: 65-1626. For the purposes of this act:

(a) ``Administer'' means the direct application of a drug, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:

(1) A practitioner or pursuant to the lawful direction of a practitioner, or

(2) the patient or research subject at the direction and in the presence of the practitioner.

(b) ``Agent'' means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser but shall not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman when acting in the usual and lawful course of the carrier's or warehouseman's business.

(d) ``Brand exchange'' means the dispensing of a different drug prod- uct of the same dosage form and strength and of the same generic name than the brand name drug product prescribed.

(e) ``Brand name'' means the registered trademark name given to a drug product by its manufacturer, labeler or distributor.

(f) ``Deliver'' or ``delivery'' means the actual, constructive or at- tempted transfer from one person to another of any drug whether or not an agency relationship exists.

(g) ``Dispense'' means to deliver prescription medication to the ulti- mate user or research subject by or pursuant to the lawful order of a practitioner.

(h) ``Dispenser'' means a practitioner or pharmacist who dispenses prescription medication.

(i) ``Distribute'' means to deliver, other than by administering or dis- pensing, any drug.

(j) ``Distributor'' means a person who distributes a drug.

(k) ``Drug'' means: (1) Articles recognized in the official United States pharmacopoeia, or other such official compendiums of the United States, or official national formulary, or any supplement of any of them; (2) ar- ticles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; (3) articles, other than food, intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any articles specified in clause (1), (2) or (3) of this subsection; but does not include devices or their components, parts or accessories, except that the term ``drug'' shall not include amygdalin (laetrile) or any livestock remedy, as defined in K.S.A. 47-501 and amendments thereto, if such livestock remedy has been registered in accordance with the provisions of article 5 of chapter 47 of the Kansas Statutes Annotated.

(l) ``Generic name'' means the established chemical name or official name of a drug or drug product.

(m) (1) ``Institutional drug room'' means any location where pre- scription-only drugs are stored and from which prescription-only drugs are administered or dispensed and which is maintained or operated for the purpose of providing the drug needs of:

(A) Inmates of a jail or correctional institution or facility;

(B) residents of a juvenile detention facility, as defined by the Kansas code for care of children and the Kansas juvenile ~~offenders~~ justice code;

(C) students of a public or private university or college, a community college or any other institution of higher learning which is located in Kansas; or

(D) employees of a business or other employer.

(2) ``Institutional drug room'' does not include:

(A) Any registered pharmacy;

(B) any office of a practitioner; or

(C) a location where no prescription-only drugs are dispensed and no prescription-only drugs other than individual prescriptions are stored or administered.

(n) ``Medical care facility'' shall have the meaning provided in K.S.A. 65-425 and amendments thereto, except that the term shall also include facilities licensed under the provisions of K.S.A. 75-3307b and amend- ments thereto except community mental health centers and facilities for the mentally retarded.

(o) ``Manufacture'' means the production, preparation, propagation, compounding, conversion or processing of a drug either directly or in- directly by extraction from substances of natural origin, independently by means of chemical synthesis or by a combination of extraction and chem- ical synthesis and includes any packaging or repackaging of the drug or labeling or relabeling of its container, except that this term shall not in- clude the preparation or compounding of a drug by an individual for the individual's own use or the preparation, compounding, packaging or la- beling of a drug by: (1) A practitioner or a practitioner's authorized agent incident to such practitioner's administering or dispensing of a drug in the course of the practitioner's professional practice; (2) a practitioner, by a practitioner's authorized agent or under a practitioner's supervision for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale; or (3) a pharmacist or the pharmacist's author- ized agent acting under the direct supervision of the pharmacist for the purpose of, or incident to, the dispensing of a drug by the pharmacist.

(p) ``Person'' means individual, corporation, government, govern- mental subdivision or agency, partnership, association or any other legal entity.

(q) ``Pharmacist'' means any natural person licensed under this act to practice pharmacy.

(r) ``Pharmacist in charge'' means the pharmacist who is responsible to the board for a registered establishment's compliance with the laws and regulations of this state pertaining to the practice of pharmacy, man- ufacturing of drugs and the distribution of drugs. The pharmacist in charge shall supervise such establishment on a full-time or a part-time basis and perform such other duties relating to supervision of a registered establishment as may be prescribed by the board by rules and regulations. Nothing in this definition shall relieve other pharmacists or persons from their responsibility to comply with state and federal laws and regulations.

(s) ``Pharmacy,'' ``drug store'' or ``apothecary'' means premises, lab- oratory, area or other place: (1) Where drugs are offered for sale where the profession of pharmacy is practiced and where prescriptions are com- pounded and dispensed; or (2) which has displayed upon it or within it the words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,'' ``apoth- ecary,'' ``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries'' or any of these words or combinations of these words or words of similar import either in English or any sign containing any of these words; or (3) where the characteristic symbols of pharmacy or the characteristic prescription sign ``Rx'' may be exhibited. As used in this subsection, premises refers only to the portion of any building or structure leased, used or controlled by the licensee in the conduct of the business registered by the board at the address for which the registration was issued.

(t) ``Practitioner'' means a person licensed to practice medicine and surgery, dentist, podiatrist, veterinarian, optometrist licensed under the optometry law as a therapeutic licensee or diagnostic and therapeutic licensee, or scientific investigator or other person authorized by law to use a prescription-only drug in teaching or chemical analysis or to conduct research with respect to a prescription-only drug.

(u) ``Preceptor'' means a licensed pharmacist who possesses at least two years' experience as a pharmacist and who supervises students ob- taining the pharmaceutical experience required by law as a condition to taking the examination for licensure as a pharmacist.

(v) ``Prescription'' means, according to the context, either a prescrip- tion order or a prescription medication.

(w) ``Prescription medication'' means any drug, including label and container according to context, which is dispensed pursuant to a prescrip- tion order.

(x) ``Prescription-only drug'' means any drug required by the federal or state food, drug and cosmetic act to bear on its label the legend ``Cau- tion: Federal law prohibits dispensing without prescription.''

(y) ``Prescription order'' means: (1) An order to be filled by a phar- macist for prescription medication issued and signed by a practitioner in the authorized course of professional practice; or (2) an order transmitted to a pharmacist through word of mouth, note, telephone or other means of communication directed by such practitioner.

(z) ``Probation'' means the practice or operation under a temporary license, registration or permit or a conditional license, registration or per- mit of a business or profession for which a license, registration or permit is granted by the board under the provisions of the pharmacy act of the state of Kansas requiring certain actions to be accomplished or certain actions not to occur before a regular license, registration or permit is issued.

(aa) ``Professional incompetency'' means:

(1) One or more instances involving failure to adhere to the appli- cable standard of pharmaceutical care to a degree which constitutes gross negligence, as determined by the board;

(2) repeated instances involving failure to adhere to the applicable standard of pharmaceutical care to a degree which constitutes ordinary negligence, as determined by the board; or

(3) a pattern of pharmacy practice or other behavior which demon- strates a manifest incapacity or incompetence to practice pharmacy.

(bb) ``Retail dealer'' means a person selling at retail nonprescription drugs which are prepackaged, fully prepared by the manufacturer or dis- tributor for use by the consumer and labeled in accordance with the requirements of the state and federal food, drug and cosmetic acts. Such nonprescription drugs shall not include: (1) A controlled substance; (2) a drug the label of which is required to bear substantially the statement ``Caution: Federal law prohibits dispensing without prescription''; or (3) a drug intended for human use by hypodermic injection.

(cc) ``Secretary'' means the executive secretary of the board.

(dd) ``Unprofessional conduct'' means:

(1) Fraud in securing a registration or permit;

(2) intentional adulteration or mislabeling of any drug, medicine, chemical or poison;

(3) causing any drug, medicine, chemical or poison to be adulterated or mislabeled, knowing the same to be adulterated or mislabeled;

(4) intentionally falsifying or altering records or prescriptions;

(5) unlawful possession of drugs and unlawful diversion of drugs to others;

(6) willful betrayal of confidential information under K.S.A. 65-1654 and amendments thereto;

(7) conduct likely to deceive, defraud or harm the public;

(8) making a false or misleading statement regarding the licensee's professional practice or the efficacy or value of a drug;

(9) commission of any act of sexual abuse, misconduct or exploitation related to the licensee's professional practice; or

(10) performing unnecessary tests, examinations or services which have no legitimate pharmaceutical purpose. Sec. 119. On and after July 1, 1997, K.S.A. 1995 Supp. 72-962 is hereby amended to read as follows: 72-962. As used in this act:

(a) ``School district'' means any public school district.

(b) ``Board'' means the board of education of any school district.

(d) ``Department'' means the state department of education.

(e) ``State institution'' means Topeka state hospital, Osawatomie state hospital, Rainbow mental health facility, Larned state hospital, Parsons state hospital and training center, Winfield state hospital and training center, Kansas neurological institute and any ~~state youth center~~ juvenile correctional facility as defined by K.S.A. 38-1602, and amendments thereto.

(f) ``Exceptional children'' means persons who: (1) Are school age, to be determined in accordance with rules and regulations adopted by the state board, which age may differ from the ages of children required to attend school under the provisions of K.S.A. 72-1111, and amendments thereto; and (2) differ in physical, mental, social, emotional or educational characteristics to the extent that special education services are necessary to enable them to receive educational benefits in accordance with their abilities or capacities.

(g) ``Gifted children'' means exceptional children who are determined to be within the gifted category of exceptionality as such category is de- fined in the state plan.

(h) ``Special education services'' means programs for which special- ized training, instruction, programming techniques, facilities and equip- ment may be needed for the education of exceptional children.

(i) ``Special teacher'' means a person employed by a school district or a state institution for special education services who is: (1) A teacher qualified to instruct exceptional children as determined by standards es- tablished by the state board and who is so certified by the state board; or (2) a paraprofessional qualified to assist certificated teachers in the in- struction of exceptional children as determined by standards established by the state board and who is so approved by the state board.

(j) ``State plan'' means the state plan for special education services authorized by this act.

(k) ``Agency'' means boards and the secretary of social and rehabili- tation services.

(l) ``Lawful custodian'' means a parent or a person acting as parent. If none of the above is known or can be found, an agency shall cause proper proceedings to be instituted pursuant to the Kansas code for care of children to determine whether a child is a child in need of care. For a child whose custodian is the secretary of social and rehabilitation services, the term lawful custodian means the secretary except, when used in K.S.A. 72-972 through 72-975, and amendments to such sections, the term means an education advocate.

(m) ``Parent'' means a natural parent, an adoptive parent, or a stepparent.

(n) ``Person acting as parent'' means: (1) A guardian or conservator; or (2) a person, other than a parent, who is liable by law to maintain, care for, or support the child, or who has actual care and control of the child and is contributing the major portion of the cost of support of the child, or who has actual care and control of the child with the written consent of a person who has legal custody of the child, or who has been granted custody of the child by a court of competent jurisdiction.

(o) ``Education advocate'' means a person appointed by the state board in accordance with the provisions of K.S.A. 38-1513a, and amend- ments thereto. A person appointed as an education advocate for a child shall not be (1) an employee of the agency which is required by law to provide special education services for the child, or (2) an employee of the state board, the department, or any agency which is directly involved in providing educational services for the child, or (3) any person having a professional or personal interest which would conflict with the interests of the child. Sec. 120. On and after July 1, 1997, K.S.A. 72-978 is hereby amended to read as follows: 72-978. (a) (1) In each school year, in ac- cordance with appropriations for special education services provided un- der this act, each school district which has provided special education services in compliance with the requirements of the state plan and the provisions of this act shall be entitled to receive:

(A) Reimbursement for actual travel allowances paid to special teach- ers at not to exceed the rate specified under K.S.A. 75-3203, and amend- ments thereto, for each mile actually traveled during the school year in connection with duties in providing special education services for excep- tional children; such reimbursement shall be computed by the state board by ascertaining the actual travel allowances paid to special teachers by the school district for the school year and shall be in an amount equal to 80% of such actual travel allowances;

(B) reimbursement in an amount equal to 80% of the actual travel expenses incurred for providing transportation for exceptional children to special education services; such reimbursement shall not be paid if such child has been counted in determining the transportation weighting of the district under the provisions of the school district finance and quality performance act;

(C) reimbursement in an amount equal to 80% of the actual expenses incurred for the maintenance of an exceptional child at some place other than the residence of such child for the purpose of providing special education services; such reimbursement shall not exceed $600 per excep- tional child per school year; and

(D) after subtracting the amounts of reimbursement under (A), (B) and (C) from the total amount appropriated for special education services under this act, an amount which bears the same proportion to the re- maining amount appropriated as the number of full-time equivalent spe- cial teachers employed by the school district for approved special edu- cation services bears to the total number of full-time equivalent special teachers employed by all school districts for approved special education services.

(2) Each special teacher who is a paraprofessional shall be counted as 2/5 full-time equivalent special teacher.

(b) (1) No special teacher in excess of the number of special teachers necessary to comply with the ratio of special teacher to exceptional chil- dren prescribed by the state board for the school district shall be counted in making computations under this section.

(2) No time spent by a special teacher in connection with duties per- formed under a contract entered into by the ~~youth center~~ juvenile cor- rectional facility at Atchison, the ~~youth center~~ juvenile correctional facility at Beloit or the ~~youth center~~ juvenile correctional facility at Topeka and a school district for the provision of special education services by such state institution shall be counted in making computations under this section. Sec. 121. On and after July 1, 1997, K.S.A. 72-1111 is hereby amended to read as follows: 72-1111. (a) Subject to the other provisions of this section, every parent or person acting as parent in the state of Kansas, who has control over or charge of any child who has reached the age of seven years and is under the age of 16 18 years and has not attained a high school diploma, shall require such child to attend continuously each school year (1) a public school for the duration of the school term provided for in K.S.A. 72-1106, and amendments thereto, or (2) a private, denominational or parochial school taught by a competent instructor for a period of time which is substantially equivalent to the period of time public school is maintained in the school district in which the private, denominational or parochial school is located. If the child is 16 or 17 years of age, the parent or person acting as parent, by written consent, or the court, pursuant to a court order, may allow the child to be exempt from the compulsory attendance requirements of this section. If the child is 16 or 17 years of age and is regularly enrolled in a program recognized by the local board of education as an approved alternative educational program, the child shall be exempt from the compulsory attendance requirements of this section.

(b) Any child who is under the age of seven years, but who is enrolled in school, is subject to the compulsory attendance requirements of this section. Any such child may be withdrawn from enrollment in school at any time by a parent or person acting as parent of the child and thereupon the child shall be exempt from the compulsory attendance requirements of this section until the child reaches the age of seven years or is re- enrolled in school.

(c) Any child who is determined to be an exceptional child, except for an exceptional child who is determined to be a gifted child, under the provisions of the special education for exceptional children act is subject to the compulsory attendance requirements of such act and is exempt from the compulsory attendance requirements of this section.

(d) No child attending public school in this state shall be required to participate in any activity which is contrary to the religious teachings of the child if a written statement signed by one of the parents or a person acting as parent of the child is filed with the proper authorities of the school attended requesting that the child not be required to participate in such activities and stating the reason for the request.

(e) When a recognized church or religious denomination that objects to a regular public high school education provides, offers and teaches, either individually or in cooperation with another recognized church or religious denomination, a regularly supervised program of instruction, which is approved by the state board of education, for children of com- pulsory school attendance age who have successfully completed the eighth grade, participation in such a program of instruction by any such children whose parents or persons acting as parents are members of the sponsoring church or religious denomination shall be regarded as ac- ceptable school attendance within the meaning of this act. Approval of such programs shall be granted by the state board of education, for two- year periods, upon application from recognized churches and religious denominations, under the following conditions: (1) Each participating child shall be engaged, during each day on which attendance is legally required in the public schools in the school district in which the child resides, in at least five hours of learning activities appropriate to the adult occupation that the child is likely to assume in later years;

(2) acceptable learning activities, for the purposes of this subsection, shall include parent (or person acting as parent) supervised projects in agriculture and homemaking, work-study programs in cooperation with local business and industry, and correspondence courses from schools accredited by the national home study council, recognized by the United States office of education as the competent accrediting agency for private home study schools;

(3) at least 15 hours per week of classroom work under the supervi- sion of an instructor shall be provided, at which time students shall be required to file written reports of the learning activities they have pursued since the time of the last class meeting, indicating the length of time spent on each one, and the instructor shall examine and evaluate such reports, approve plans for further learning activities, and provide necessary as- signments and instruction;

(4) regular attendance reports shall be filed as required by law, and students shall be reported as absent for each school day on which they have not completed the prescribed minimum of five hours of learning activities;

(5) the instructor shall keep complete records concerning instruction provided, assignments made, and work pursued by the students, and these records shall be filed on the first day of each month with the state board of education and the board of education of the school district in which the child resides;

(6) the instructor shall be capable of performing competently the functions entrusted thereto;

(7) in applying for approval under this subsection a recognized church or religious denomination shall certify its objection to a regular public high school education and shall specify, in such detail as the state board of education may reasonably require, the program of instruction that it intends to provide and no such program shall be approved unless it fully complies with standards therefor which shall be specified by the state board of education;

(8) if the sponsors of an instructional program approved under this subsection fail to comply at any time with the provisions of this subsection, the state board of education shall rescind, after a written warning has been served and a period of three weeks allowed for compliance, approval of the programs, even though the two-year approval period has not elapsed, and thereupon children attending such program shall be admit- ted to a high school of the school district.

(f) As used in this section, the terms ``parent'' and ``person acting as parent'' have the meanings respectively ascribed thereto in K.S.A. 72- 1046, and amendments thereto. Sec. 122. On and after July 1, 1997, K.S.A. 1995 Supp. 72-1113 is hereby amended to read as follows: 72-1113. (a) Each board of education shall designate one or more employees who shall report to the secretary of social and rehabilitation services, or a designee thereof, all cases of children who are less than 13 years of age and are not attending school as required by law, and to the appropriate county or district attorney, or a designee thereof, all cases of children who are 13 or more years of age but less than 16 18 years of age and are not attending school as required by law. The designation shall be made no later than September 1 of each school year and shall be certified no later than 10 days thereafter by the board of education to the secretary of social and rehabilitation services, or the designee thereof, to the county or district attorney, or the designee thereof, and to the commissioner of education. The commissioner of ed- ucation shall compile and maintain a list of the designated employees of each board of education.

(b) Whenever a child is required by law to attend school, and the child is not enrolled in a public or nonpublic school, the child shall be considered to be not attending school as required by law and a report thereof shall be made in accordance with the provisions of subsection (a) by a designated employee of the board of education of the school district in which the child resides. The provisions of this subsection are subject to the provisions of subsection (d).

(c) (1) Whenever a child is required by law to attend school and is enrolled in school, and the child is inexcusably absent therefrom on either three consecutive school days or five school days in any semester or seven school days in any school year, whichever of the foregoing occurs first, the child shall be considered to be not attending school as required by law. A child is inexcusably absent from school if the child is absent there- from all or a significant part of a school day without a valid excuse ac- ceptable to the school employee designated by the board of education to have responsibility for the school attendance of such child.

(2) Each board of education shall adopt rules for determination of valid excuse for absence from school and for determination of what shall constitute a ``significant part of a school day'' for the purpose of this section.

(3) Each board of education shall designate one or more employees, who shall each be responsible for determining the acceptability and va- lidity of offered excuses for absence from school of specified children, so that a designee is responsible for making such determination for each child enrolled in school.

(4) Whenever a determination is made in accordance with the pro- visions of this subsection that a child is not attending school as required by law, the designated employee who is responsible for such determina- tion shall make a report thereof in accordance with the provisions of subsection (a).

(5) The provisions of this subsection are subject to the provisions of subsection (d).

(d) (1) Prior to making any report under this section that a child is not attending school as required by law, the designated employee of the board of education shall serve written notice thereof, by personal delivery or by first class mail, upon a parent or person acting as parent of the child. The notice shall inform the parent or person acting as parent that con- tinued failure of the child to attend school without a valid excuse will result in a report being made to the secretary of social and rehabilitation services or to the county or district attorney. Upon failure, on the school day next succeeding personal delivery of the notice or within three school days after the notice was mailed, of attendance at school by the child or of an acceptable response, as determined by the designated employee, to the notice by a parent or person acting as parent of the child, the desig- nated employee shall make a report thereof in accordance with the pro- visions of subsection (a). The designated employee shall submit with the report a certificate verifying the manner in which notice was provided to the parent or person acting as parent.

(2) Whenever a law enforcement officer assumes temporary custody of a child who is found away from home or school without a valid excuse during the hours school is actually in session, and the law enforcement officer delivers the child to the school in which the child is enrolled or to a location designated by the school in which the child is enrolled to ad- dress truancy issues, the designated employee of the board of education shall serve notice thereof upon a parent or person acting as parent of the child. The notice may be oral or written and shall inform the parent or person acting as parent of the child that the child was absent from school without a valid excuse and was delivered to school by a law enforcement officer.

(e) Whenever the secretary of social and rehabilitation services re- ceives a report required under this section, the secretary shall investigate the matter. If, during the investigation, the secretary determines that the reported child is not attending school as required by law, the secretary shall institute proceedings under the code for care of children. If, during the investigation, the secretary determines that a criminal prosecution should be considered, the secretary shall make a report of the case to the appropriate law enforcement agency.

(f) Whenever a county or district attorney receives a report required under this section, the county or district attorney shall investigate the matter. If, during the investigation, the county or district attorney deter- mines that the reported child is not attending school as required by law, the county or district attorney shall prepare and file a petition alleging that the child is a child in need of care. If, during the investigation, the county or district attorney determines that a criminal prosecution is nec- essary, the county or district attorney shall commence the same.

(g) As used in this section, ``board of education'' means the board of education of a school district or the governing authority of a nonpublic school. The provisions of this act shall apply to both public and nonpublic schools. Sec. 123. On and after July 1, 1997, K.S.A. 74-5344 is hereby amended to read as follows: 74-5344. Nothing contained in this act shall be construed: (a) To prevent qualified members of other professional groups such as, but not limited to, ministers, Christian Science practi- tioners, social workers and sociologists from doing work of a psychological nature consistent with their training and consistent with any code of ethics of their respective professions so long as they do not hold themselves out to the public by any title or description of services incorporating the words ``psychologic,'' ``psychological,'' ``psychologist'' or ``psychology'';

(b) in any way to restrict any person from carrying on any of the aforesaid activities in the free expression or exchange of ideas concerning the practice of psychology, the application of its principles, the teaching of such subject matter and the conducting of research on problems re- lating to human behavior if such person does not represent such person or such person's services in any manner prohibited by this act;

(c) to limit the practice of psychology of a registered masters level psychologist or a person who holds a temporary permit to practice as a registered masters level psychologist insofar as such practice is a part of the duties of any such person's salaried position, and insofar as such prac- tice is performed solely on behalf of such person's employer or insofar as such person is engaged in public speaking with or without remuneration;

(d) to limit the practice of psychology or services of a student, intern or resident in psychology pursuing a degree in psychology in a school, college, university or other institution, with educational standards consis- tent with those of the state universities of Kansas if such practice or services are supervised as a part of such person's degree program. Noth- ing contained in this section shall be construed as permitting such persons to offer their services as psychologists to any other person and to accept remuneration for such psychological services other than as specifically excepted herein, unless they have been licensed under the provisions of the licensure of psychologists act of the state of Kansas, registered under the provisions of K.S.A. 74-5361 to 74-5371, inclusive, and amendments thereto or granted a temporary permit under the provisions of K.S.A. 74- 5367 and amendments thereto;

(e) to prevent the employment, by a person, association, partnership or a corporation furnishing psychological services for remuneration, of persons not licensed as psychologists under the provisions of this act to practice psychology if such persons work under the supervision of a psy- chologist or psychologists licensed under the provisions of this act and if such persons are not in any manner held out to the public as psychologists licensed under the provisions of the licensure of psychologists act of the state of Kansas, as registered under the provisions of K.S.A. 74-5361 to 74-5371, inclusive, and amendments thereto or as holding a temporary permit under the provisions of K.S.A. 74-5367 and amendments thereto;

(f) to restrict the use of tools, tests, instruments or techniques usually denominated ``psychological'' so long as the user does not represent one- self to be a licensed psychologist or a registered masters level psychologist;

(g) to permit persons licensed as psychologists to engage in the prac- tice of medicine as defined in the laws of this state, nor to require such licensed psychologists to comply with the Kansas healing arts act;

(h) to restrict the use of the term ``social psychologist'' by any person who has received a doctoral degree in sociology or social psychology from an institution whose credits in sociology or social psychology are accept- able by a school or college as defined in this act, and who has passed comprehensive examination in the field of social psychology as a part of the requirements for the doctoral degree or has had equivalent special- ized training in social psychology;

(i) to restrict the practice of psychology by a person who is certified as a school psychologist by the state department of education so long as such practice is conducted as a part of the duties of employment by a unified school district or as part of an independent evaluation conducted in accordance with K.S.A. 72-963 and amendments thereto, including the use of the term ``school psychologist'' by such person in conjunction with such practice;

(j) to restrict the use of the term psychologist or the practice of psy- chology by psychologists not licensed under this act in institutions for the mentally retarded, in the ~~youth centers~~ juvenile correctional facilities at Atchison, Beloit, Larned and Topeka or in institutions within the depart- ment of corrections insofar as such term is used or such practice of psy- chology is performed solely in conjunction with such person's employ- ment by any such institution or ~~youth center~~ juvenile correctional facility; or

(k) to limit the practice of psychology or use of official title on the part of a person in the employ of a licensed community mental health center or one of its contracted affiliates, or any federal, state, county or municipal agency, or other political subdivision, or a duly chartered ed- ucational institution, or a medical care facility licensed under K.S.A. 65- 425 et seq. and amendments thereto or a psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto insofar as such practice is a part of the duties of such person's paid position and is performed solely on behalf of the employer and insofar as such practice is under the direction of a person licensed to practice medicine and surgery or a per- son licensed to provide mental health services as an independent practi- tioner and whose licensure allows for the diagnosis and treatment of psy- chological disorders. The provisions of this subsection (k) shall expire on May 1, 1989. Sec. 124. On and after July 1, 1997, K.S.A. 74-5363 is hereby amended to read as follows: 74-5363. (a) Any person who desires to be registered under this act shall apply to the board in writing, on forms prepared and furnished by the board. Each application shall contain ap- propriate documentation of the particular qualifications required by the board and shall be accompanied by the required fee.

(b) The board shall register as a registered masters level psychologist any applicant for registration who pays the fee prescribed by the board under K.S.A. 74-5365 and amendments thereto, which shall not be re- funded, who has satisfied the board as to such applicant's training and who complies with the provisions of this subsection (b). An applicant for registration also shall submit evidence verified under oath and satisfactory to the board that such applicant:

(1) Is at least 21 years of age;

(2) has received at least a master's degree in clinical psychology based on a program of studies in psychology from an educational institution having a graduate program in psychology consistent with state universities of Kansas; or has received at least a master's degree in psychology and during such master's or post-master's coursework completed a minimum of 12 semester hours or its equivalent in psychological foundation courses such as, but not limited to, philosophy of psychology, psychology of per- ception, learning theory, history of psychology, motivation, and statistics and 24 semester hours or its equivalent in professional core courses such as, but not limited to, two courses in psychological testing, psychopa- thology, two courses in psychotherapy, personality theories, developmen- tal psychology, research methods, social psychology; or has passed com- prehensive examinations or equivalent final examinations in a doctoral program in psychology and during such graduate program completed a minimum of 12 semester hours or its equivalent in psychological foun- dation courses such as, but not limited to, philosophy of psychology, psy- chology of perception, learning theory, history of psychology, motivation, and statistics and 24 semester hours or its equivalent in professional core courses such as, but not limited to, two courses in psychological testing, psychopathology, two courses in psychotherapy, personality theories, de- velopmental psychology, research methods, social psychology;

(3) has completed 750 clock hours of academically supervised prac- ticum or 1,500 clock hours of postgraduate supervised work experience; and

(4) is in the employ of a Kansas licensed community mental health center, or one of its contracted affiliates, or a federal, state, county or municipal agency, or other political subdivision, a duly chartered educa- tional institution, a medical care facility licensed under K.S.A. 65-425 et seq. and amendments thereto or a psychiatric hospital licensed under K.S.A. 75-3307b and amendments thereto and whose practice is a part of the duties of such applicant's paid position and is performed solely on behalf of the employer.

(c) Until October 1, 1988, the board shall waive the educational or degree and supervision requirements, or all such requirements, under subsection (b) so long as the person applying for registration as a regis- tered masters level psychologist has a graduate degree and either (1) has been employed for at least three years as a psychologist by a licensed community mental health center, or one of its contracted affiliates, or a federal, state, county or municipal agency, or other political subdivision, or a duly chartered educational institution, or a medical care facility li- censed under K.S.A. 65-425 ~~et seq.~~ and amendments thereto or a psy- chiatric hospital licensed under K.S.A. 75-3307b and amendments thereto; or (2) as of July 1, 1987, was employed in this state as a psy- chologist or was recognized as a masters level psychologist by the profes- sional standards committee of the association of community mental health centers of Kansas.

(d) Upon application for registration as a registered masters level psy- chologist made prior to January 1, 1989, the board shall waive the edu- cational, degree and supervision requirements under subsection (b) and shall grant such registration if the applicant for registration at the time of application has been employed for 10 years or more as a psychologist by an institution within the department of social and rehabilitation services, as defined under K.S.A. 76-12a18 or 76-12b01, and amendments to such sections.

~~(e)~~ (c) The board shall adopt rules and regulations establishing the criteria which an educational institution shall satisfy in meeting the requirements established under item (2) of subsection (b). The board may send a questionnaire developed by the board to any educational institu- tion for which the board does not have sufficient information to deter- mine whether the educational institution meets the requirements of item (2) of subsection (b) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be com- pleted and returned to the board in order for the educational institution to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining in- formation about educational institutions. In entering such contracts the authority to approve educational institutions shall remain solely with the board. Sec. 125. On and after July 1, 1997, K.S.A. 1995 Supp. 74-7335 is hereby amended to read as follows: 74-7335. (a) The victim of a crime or the victim's family shall be notified of the right to be present at any public hearing or any juvenile offender proceeding concerning the accused or the convicted person or the respondent or the juvenile offender.

(b) The victim of a crime or the victim's family shall be notified of the right to be present at any proceeding or hearing where probation or parole is considered or granted by a judge whether or not a public hearing is conducted or required.

(c) As used in this section: (1) ``Public hearing'' means any court pro- ceeding or administrative hearing which is open to the public and shall include but not be limited to the:

(A) Preliminary hearing;

(B) trial;

(D) sentencing modification;

(E) public comment sessions, pursuant to K.S.A. 22-3717, and amendments thereto;

(F) expungement hearing; and

(G) granting of probation or parole by a judge.

(2) ``Victim's family'' means a spouse, surviving spouse, children, par- ents, legal guardian, siblings, stepparent or grandparents.

(3) ``Juvenile offender proceedings'' means any hearing concerning a juvenile pursuant to the Kansas juvenile ~~offender's~~ justice code.

~~(c)~~ (d) The city, county or district attorney or municipal court clerk shall notify any victim of the crime who is alive and whose address is known to the city, county or district attorney or municipal court clerk or, if the victim is deceased, to the victim's family if the family's address is known to such attorney or clerk.

~~(d)~~ (e) Costs of transportation for the victim to appear shall be borne by the victim unless the appearance is required pursuant to a subpoena or other order of the court. Sec. 126. On and after July 1, 1997, K.S.A. 1995 Supp. 74-8810 is hereby amended to read as follows: 74-8810. (a) It is a class A nonperson misdemeanor for any person to have a financial interest, directly or in- directly, in any racetrack facility within the state of Kansas or in any host facility for a simulcast race displayed in this state:

(1) While such person is a member of the commission or during the five years immediately following such person's term as member of the commission; or

(2) while such person is an officer, director or member of an organ- ization licensee, other than a fair association or horsemen's nonprofit or- ganization, or during the five years immediately following the time such person is an officer, director or member of such an organization licensee.

(b) It is a class A nonperson misdemeanor for any member, employee or appointee of the commission, including stewards and racing judges, to knowingly:

(1) Participate in the operation of or have a financial interest in any business which has been issued a concessionaire license, racing or wa- gering equipment or services license, facility owner license or facility manager license, or any business which sells goods or services to an or- ganization licensee;

(2) participate directly or indirectly as an owner, owner-trainer or trainer of a horse or greyhound, or as a jockey of a horse, entered in a race meeting conducted in this state;

(3) place a wager on an entry in a horse or greyhound race conducted by an organization licensee; or

(4) accept any compensation, gift, loan, entertainment, favor or serv- ice from any licensee, except such suitable facilities and services within a racetrack facility operated by an organization licensee as may be required to facilitate the performance of the member's, employee's or appointee's official duties.

(c) It is a class A nonperson misdemeanor for any member, employee or appointee of the commission, or any spouse, parent, grandparent, brother, sister, child, grandchild, uncle, aunt, parent-in-law, brother-in- law or sister-in-law thereof, to:

(1) Hold any license issued by the commission, except that a steward or racing judge shall hold an occupation license to be such a steward or judge; or

(2) enter into any business dealing, venture or contract with an owner or lessee of a racetrack facility in Kansas.

(d) It is a class A nonperson misdemeanor for any officer, director or member of an organization licensee, other than a fair association or hor- semen's nonprofit organization, to:

(1) Receive, for duties performed as an officer or director of such licensee, any compensation or reimbursement or payment of expenses in excess of the amounts provided by K.S.A. 75-3223 and amendments thereto for board members' compensation, mileage and expenses; or

(2) enter into any business dealing, venture or contract with the or- ganization licensee or, other than in the capacity of an officer or director of the organization licensee, with a facility owner licensee, facility man- ager licensee, racing or wagering equipment or services license or con- cessionaire licensee, or with any host facility for a simulcast race displayed in this state.

(e) It is a class A nonperson misdemeanor for any facility owner li- censee or facility manager licensee, other than a horsemen's association, or any officer, director, employee, stockholder or shareholder thereof or any person having an ownership interest therein, to participate directly or indirectly as an owner, owner-trainer or trainer of a horse or grey- hound, or as a jockey of a horse, entered in a live race conducted in this state.

(f) It is a class A nonperson misdemeanor for any licensee of the commission, or any person who is an officer, director, member or em- ployee of a licensee, to place a wager at a racetrack facility located in Kansas on an entry in a horse or greyhound race if:

(1) The commission has by rules and regulations designated such per- son's position as a position which could influence the outcome of such race or the parimutuel wagering thereon; and

(2) such race is conducted at or simulcast to the racetrack facility where the licensee is authorized to engage in licensed activities.

(g) It is a class B nonperson misdemeanor for any person to use any animal or fowl in the training or racing of racing greyhounds.

(h) It is a class A nonperson misdemeanor for any person to:

(1) Sell a parimutuel ticket or an interest in such a ticket to a person knowing such person to be under 18 years of age, upon conviction of the first offense;

(2) accept, transmit or deliver, from a person outside a racetrack fa- cility, anything of value to be wagered in any parimutuel system of wa- gering within a racetrack facility, upon conviction of the first offense;

(3) administer or conspire to administer any drug or medication to a horse or greyhound within the confines of a racetrack facility in violation of rules and regulations of the commission, upon conviction of the first offense;

(4) possess or conspire to possess, within the confines of a racetrack facility, any drug or medication for administration to a horse or greyhound in violation of rules and regulations of the commission, upon conviction of the first offense;

(5) possess or conspire to possess, within the confines of a racetrack facility, equipment for administering drugs or medications to horses or greyhounds in violation of rules and regulations of the commission, upon conviction of the first offense;

(6) enter any horse or greyhound in any race knowing such horse or greyhound to be ineligible to compete in such race pursuant to K.S.A. 74-8812 and amendments thereto; or

(7) prepare or cause to be prepared an application for registration of a horse pursuant to K.S.A. 74-8830 and amendments thereto knowing that such application contains false information.

(i) It is a severity level 8, nonperson felony for any person to:

(1) Sell a parimutuel ticket or an interest in such a ticket to a person knowing such person to be under 18 years of age, upon conviction of the second or a subsequent offense;

(2) accept, transmit or deliver, from any person outside a racetrack facility, anything of value to be wagered in any parimutuel system of wagering within a racetrack facility, upon the second or a subsequent conviction;

(3) conduct or assist in the conduct of a horse or greyhound race, or the display of a simulcast race, where the parimutuel system of wagering is used or is intended to be used and where no license has been issued to an organization to conduct or simulcast such race;

(4) enter any horse or greyhound in any race conducted by an organ- ization licensee knowing that the class or grade in which such horse or greyhound is entered is not the true class or grade or knowing that the name under which such horse or greyhound is entered is not the name under which such horse or greyhound has been registered and has pub- licly performed;

(5) use or conspire to use any device, other than an ordinary whip for horses or a mechanical lure for greyhounds, for the purpose of affecting the speed of any horse or greyhound at any time during a race conducted by an organization licensee;

(6) possess or conspire to possess, within the confines of a racetrack facility, any device, other than an ordinary whip for horses or a mechanical lure for greyhounds, designed or intended to affect the speed of a horse or greyhound;

(7) administer or conspire to administer any drug or medication to a horse or greyhound within the confines of a racetrack facility in violation of rules and regulations of the commission, upon conviction of the second or a subsequent offense;

(8) possess or conspire to possess, within the confines of a racetrack facility, any drug or medication for administration to a horse or greyhound in violation of rules and regulations of the commission, upon conviction of the second or a subsequent offense;

(9) possess or conspire to possess, within the confines of a racetrack facility, equipment for administering drugs or medications to horses or greyhounds in violation of rules and regulations of the commission, upon conviction of the second or a subsequent offense;

(10) sponge the nostrils or windpipe of a horse for the purpose of stimulating or depressing such horse or affecting its speed at any time during a race meeting conducted by an organization licensee;

(11) alter or attempt to alter the natural outcome of any race con- ducted by, or any simulcast race displayed by, an organization licensee or transmit or receive an altered race or delayed broadcast race if parimutuel wagering is conducted or solicited after off time of the race;

(12) influence or attempt to influence, by the payment or promise of payment of money or other valuable consideration, any person to alter the natural outcome of any race conducted by, or any simulcast race displayed by, an organization licensee;

(13) influence or attempt to influence any member, employee or ap- pointee of the commission, by the payment or promise of payment of money or other valuable consideration, in the performance of any official duty of that member, employee or appointee;

(14) fail to report to the commission or to one of its employees or appointees knowledge of any violation of this act by another person for the purpose of stimulating or depressing any horse or greyhound, or af- fecting its speed, at any time during any race conducted by an organiza- tion licensee;

(15) commit any of the following acts with respect to the prior racing record, pedigree, identity or ownership of a registered horse or greyhound in any matter related to the breeding, buying, selling or racing of the animal: (A) Falsify, conceal or cover up, by any trick, scheme or device, a material fact; (B) make any false, fictitious or fraudulent statement or representation; or (C) make or use any false writing or document knowing that it contains any false, fictitious or fraudulent statement or entry; or

(16) pass or attempt to pass, cash or attempt to cash any altered or forged parimutuel ticket knowing it to have been altered or forged.

(j) No person less than 18 years of age shall purchase a parimutuel ticket or an interest in such a ticket. Any person violating this subsection shall be subject to adjudication as a juvenile offender pursuant to the Kansas juvenile ~~offenders~~ justice code. Sec. 127. On and after July 1, 1997, K.S.A. 1995 Supp. 74-9501 is hereby amended to read as follows: 74-9501. (a) There is hereby estab- lished the Kansas criminal justice coordinating council.

(b) The council shall consist of the governor or designee, the chief justice of the supreme court or designee, the attorney general or designee, the secretary of corrections, the secretary of social and rehabilitation serv- ices, the commissioner of juvenile justice and the director of the Kansas bureau of investigation.

(c) The director and all existing employees of the Kansas sentencing commission shall serve as staff to the Kansas criminal justice coordinating council, while continuing to serve at the will of the Kansas sentencing commission pursuant to K.S.A. 74-9103 and amendments thereto in the performance of its duties as outlined in K.S.A. 74-9101, 74-9106 and 21- 4725 and amendments thereto. The director shall attend all meetings of the council, be responsible for keeping a record of council meetings, prepare reports of the council and perform such other duties as directed by the council.

(d) The council shall elect a chairperson and vice-chairperson from among the members of the council.

(e) The council shall:

(1) Define and analyze issues and processes in the criminal justice system, identify alternative solutions and make recommendations for improvements;

(2) perform such criminal justice studies or tasks as requested by the governor, the legislature or the chief justice, as deemed appropriate or feasible by the council;

(3) oversee development and management of a criminal justice da- tabase including assuming the designation and functions of the state sta- tistical analysis center currently assigned to the Kansas bureau of inves- tigation pursuant to K.S.A. 75-712a and amendments thereto. All criminal justice agencies as defined in subsection (c) of K.S.A. 22-4701 and amend- ments thereto and the department of social and rehabilitation services shall provide any data or information, including juvenile offender infor- mation which is requested by the council, in a form and manner estab- lished by the council, in order to facilitate the development and manage- ment of the criminal justice council database; and

(4) develop and oversee reporting of all criminal justice federal fund- ing available to the state or local units of government including assuming the designation and functions of administering the United States bureau of justice assistance grants currently administered through the law en- forcement antidrug abuse program of the department of administration. On the effective date of this act any bureau of justice assistance antidrug abuse federal fund balances in any account and all unclassified positions authorized for the law enforcement antidrug abuse program of the de- partment of administration shall be transferred to and budgeted with the Kansas sentencing commission.

(f) The council shall appoint a standing local government advisory group to consult and advise the council concerning local government criminal justice issues and the impact of state criminal justice policy and decisions on local units of government. The advisory group shall consist of a sheriff, chief of police, county or district attorney, city governing body and a county commissioner. Appointees to such advisory group shall serve without compensation or reimbursement for travel and subsistence or any other expenses.

(g) The council shall form a task force to study and develop policies and recommendations regarding the juvenile justice system, including issues of jurisdiction, placement, intake and assessment processes, dis- positional alternatives, financing strategies, availability of mental health services and work processes and case loads of social workers and court services officers, the implications of a youth authority and any other issues affecting children in need of care as defined in K.S.A. 38-1501 et seq. and juvenile offenders as defined in K.S.A. 38-1601 et seq. and amend- ments thereto. The task force shall consist of the following members: Executive director of the corporation for change or designee, chair of the advisory committee on juvenile offender programs or designee, commis- sioner of youth services of the department of social and rehabilitation services or designee; additional members to be selected by the council shall include a director of a community corrections program, a juvenile judge, a prosecuting attorney, an attorney who represents juveniles, a deputy secretary of corrections, a court services officer, and a sheriff or chief of police. The corporation for change and the division of youth services of the state department of social and rehabilitation services shall each assign one full-time equivalent staff member to the council or, in the case of the corporation for change, the equivalent of such by more than one staff member or other, for a period of one year, which staff shall be approved by the council and perform duties as assigned by and func- tion under the direction of the executive director of the staff of the coun- cil, while continuing to be compensated by the agency by which em- ployed. The task force shall submit a preliminary report to the council, and the council shall report to the chairperson of the senate and house committee on judiciary during the interim session of the 1995 legislature. A final report shall be submitted to the legislature on or before February 1, 1995. The task force shall cease to exist on June 30, 1995.

(h) The council shall form a task force to study the consolidation of probation, parole and community corrections services.

(i) When analyzing criminal justice issues and performing criminal justice studies, the council shall form such task groups as necessary and shall appoint individuals who appropriately represent law enforcement, the judiciary, legal profession, state, local, or federal government, the public, or other professions or groups as determined by the council, to represent the various aspects of the issue being analyzed or studied. Members of the legislature may be appointed ex officio members to such task groups. A member of the council shall serve as the chairperson of each task group appointed by the council. The council may appoint other members of the council to any task group formed by the council.

(j) The council shall review reports submitted by each task group named by the council and shall submit the report with the council's rec- ommendations pertaining thereto to the governor, chief justice of the supreme court, the chief clerk of the house of representatives and the secretary of the senate. Sec. 128. On and after July 1, 1997, K.S.A. 1995 Supp. 75-3765 is hereby amended to read as follows: 75-3765. (a) The secretary of admin- istration shall assign space and facilities in all state-owned or operated property or buildings in Shawnee county, Kansas, except the state capitol, Topeka correctional facility, the Kansas neurological institute, the ~~youth center~~ juvenile correctional facility at Topeka, the employment security administrative office building, 401 Topeka avenue, Kansas state employ- ment service building, 1309 Topeka avenue, the Topeka state hospital, state highway shops and laboratory and property of the Kansas national guard, for the use of the various state agencies and may determine, fix and establish a system of rental charges by the square foot and collect the same monthly for space and facilities occupied by each state agency when- ever any appropriation for rental for space and facilities is made therefor, in an amount not to exceed the amount appropriated. The secretary of administration also may assign space and facilities, establish a system of rental charges and collect rents for property and buildings owned or con- trolled by the department of administration in other parts of the state. The amounts collected shall be remitted by the secretary of administra- tion to the state treasurer and the state treasurer shall deposit such amounts in the state treasury to the credit of the building and ground fund, except that amounts collected for space and facilities in the state office building located between Ninth, Tenth, Harrison and Topeka streets shall be deposited in the state treasury to the credit of the fund provided in K.S.A. 75-3615, and amendments thereto. Notwithstanding the other provisions of this section, charge for and deposit of rentals for the buildings and properties to which K.S.A. 75-3629 to 75-3647, and amendments thereto, apply shall be in compliance with such statutes. On or before December 31, 1994, and on or before each December 31, thereafter, the secretary of administration shall present a report to the joint committee on state building construction concerning any actions taken by the secretary pursuant to authority granted to the secretary un- der this subsection. The report shall describe the action taken and the statutory authority authorizing such action.

(b) The secretary of administration shall require five-year building space utilization plans from all state agencies and develop a database of all state-owned or leased building and storage space. This database shall serve as the central repository of state-owned or leased building and stor- age space information. All changes made in the ownership or leasing status of all building space utilized by state agencies shall be reported to the secretary of administration and entered into this database. The da- tabase shall include the actual and budgeted amount of money paid by state agencies for building and storage space. The database may include any other information related to the building space needs of the state as determined to be necessary by the secretary of administration. All state agencies shall cooperate with requests for information concerning build- ing space and storage space made by the secretary of administration or the secretary of administration's designee. As used in this section, state agencies shall include those agencies considered to be quasi-state agen- cies. On or before December 31, 1994, and on or before each December 31 thereafter, the secretary of administration shall present a report of state-owned or leased building and storage space information to the joint committee on state building construction and shall provide notice at the same time to the secretary of the senate and to the chief clerk of the house of representatives that such report is available to members of the legislature. Sec. 129. On and after July 1, 1997, K.S.A. 1995 Supp. 75-5206 is hereby amended to read as follows: 75-5206. (a) Except as provided in subsection (c) or (d), to carry out the purposes of this act, the secretary shall have authority to order the housing and confinement of any person sentenced to the secretary's custody to any institution or facility herein placed under the secretary's supervision and management or to any con- tract facility, including a conservation camp.

(b) All institutions of the department of corrections shall be institu- tions for the incarceration of felons.

(c) No person under 16 years of age sentenced to the secretary's custody shall be placed in the Kansas state penitentiary or the Kansas state industrial reformatory.

(d) The secretary shall have the authority to order the placement of a juvenile ~~felon~~, as ~~defined~~ described in ~~K.S.A. 38-16,112,~~ K.S.A. 38- 16,111, and amendments thereto, in ~~the youth center at Topeka or the youth center at Beloit~~ a juvenile correctional facility. Such juvenile ~~felon~~ shall be allowed to be in ~~the youth center at Topeka or the youth center at Beloit~~ a juvenile correctional facility only until such ~~felon~~ juvenile reaches the age of 21 23 years. Sec. 130. On and after July 1, 1997, K.S.A. 1995 Supp. 75-5220 is hereby amended to read as follows: 75-5220. (a) Except as provided in subsection (d), within three days of receipt of the notice provided for in K.S.A. 75-5218 and amendments thereto, the secretary of corrections shall notify the sheriff having such offender in custody to convey such offender immediately to the Topeka correctional facility or if space is not available at such facility, then to some other state correctional institution until space at the facility is available, except that, in the case of first offenders who are conveyed to a state correctional institution other than the Topeka correctional facility, such offenders shall be segregated from the inmates of such correctional institution who are not being held in custody at such institution pending transfer to the Topeka correctional facility when space is available therein. The expenses of any such con- veyance shall be charged against and paid out of the general fund of the county whose sheriff conveys the offender to the institution as provided in this subsection.

(b) Any female offender sentenced according to the provisions of K.S.A. 75-5229 and amendments thereto shall be conveyed by the sheriff having such offender in custody directly to a correctional institution des- ignated by the secretary of corrections, subject to the provisions of K.S.A. 1995 Supp. 75-52,134. The expenses of such conveyance to the desig- nated institution shall be charged against and paid out of the general fund of the county whose sheriff conveys such female offender to such institution.

(c) Each offender conveyed to a state correctional institution pursu- ant to this section shall be accompanied by the record of the offender's trial and conviction as prepared by the clerk of the district court in ac- cordance with K.S.A. 75-5218 and amendments thereto.

(d) If the offender in the custody of the secretary is a juvenile ~~felon~~, as ~~defined~~ described in ~~K.S.A. 38-16,112,~~ K.S.A. 38-16,111, and amend- ments thereto, such juvenile ~~felon~~ shall not be transferred to the state reception and diagnostic center until such time as such juvenile ~~felon~~ is to be transferred from ~~the youth center at Topeka~~ a juvenile correctional facility to a department of corrections institution or facility. Sec. 131. On and after July 1, 1997, K.S.A. 1995 Supp. 75-5229 is hereby amended to read as follows: 75-5229. (a) Every woman sentenced to imprisonment for a felony shall be sentenced to the custody of the secretary of corrections.

(b) Every woman sentenced to the custody of the secretary of cor- rections shall be given a scientific examination and study and shall have a program planned and recommended for her, which examination, study and program shall be substantially equal to that provided for in K.S.A. 75-5262 and amendments thereto. The examination shall be given, the study shall be made and the program shall be prepared in accordance with procedures prescribed by the secretary of corrections, subject to the provisions of K.S.A. 1995 Supp. 75-52,134, and amendments thereto. If the woman in the custody of the secretary is a juvenile ~~felon~~, as ~~defined~~ described in ~~K.S.A. 38-16,112,~~ K.S.A. 38-16,111, and amendments thereto, such juvenile ~~felon~~ shall not be given a scientific examination and study until such time as such juvenile ~~felon~~ is to be transferred from ~~the youth center at Beloit~~ a juvenile correctional facility to a department of corrections institution or facility. Sec. 132. On and after July 1, 1996, K.S.A. 1995 Supp. 75-7001 is hereby amended to read as follows: 75-7001. On ~~July~~ January 1, 1997, the governor shall appoint a commissioner of juvenile justice. ~~The~~ The commissioner may appoint staff assistants and employees as are necessary to enable the commissioner to carry out the transfer of powers, duties and functions of the department of social and rehabilitation services and the secretary of social and rehabilitation services concerning juvenile offend- ers to the juvenile justice authority and the commissioner of juvenile jus- tice. On and after July 1, 1997, the commissioner of juvenile justice shall be responsible for the care, custody and control of juvenile offenders and shall be in charge of the juvenile justice authority. The juvenile justice authority shall:

(a) Control and manage the operation of the state ~~youth centers~~ ju- venile correctional facilities;

(b) evaluate the rehabilitation of juveniles committed to the authority and prepare and submit periodic reports to the committing court for the purposes of:

(1) Evaluating the effectiveness of institutional treatment;

(2) making recommendations for release where appropriate, and rec- ommending terms and conditions for release; and

(3) reviewing the placement of children and recommending alter- native placements such as supervised release into the community, out-of- home placement, or community services work where appropriate with the approval of the court.

(c) consult with the schools and courts of this state on the develop- ment of programs for the reduction and prevention of delinquency and the treatment of juvenile offenders;

(d) cooperate with other agencies whose services deal with the care and treatment of juvenile offenders to the end that juvenile offenders may wherever possible be assisted to a successful adjustment outside of institutional care;

(e) advise local, state and federal officials, public and private agencies, and lay groups on the needs for and possible methods of the reduction and prevention of delinquency, and the treatment of juvenile offenders;

(f) assemble and distribute information relating to delinquency and report on studies relating to community conditions which affect the prob- lem of delinquency;

(g) assist any community within the state by conducting a compre- hensive survey of the community's available public and private resources, and recommend methods of establishing a community program for com- bating juvenile delinquency and crime, but no such survey shall be con- ducted unless local individuals and groups request it through their local authorities, and no such request shall be interpreted as binding the com- munity to following the recommendations made as a result of the request; and

(h) be responsible for directing state moneys to providers in local communities of alternative placements such as supervised release into the community, out-of-home placement, community services work or other community-based service; provide assistance to such providers; and eval- uate and monitor the performance of such providers relating to the pro- vision of services. Sec. 133. On and after July 1, 1996, K.S.A. 1995 Supp. 75-7002 is hereby amended to read as follows: 75-7002. On and after July 1, 1997:

(a) Except as otherwise provided by this act, all of the powers, duties and functions of the department of social and rehabilitation services and the secretary of the department of social and rehabilitation services con- cerning juvenile offenders are hereby transferred to and conferred and imposed upon the juvenile justice authority and the commissioner of ju- venile justice established by this act.

(b) Except as otherwise provided by this act, the juvenile justice au- thority and the commissioner of juvenile justice established by this act shall be the successor in every way to the powers, duties and functions of the department of social and rehabilitation services and the secretary of the department of social and rehabilitation services concerning juvenile offenders in which the same were vested prior to the effective date of this section. Every act performed in the exercise of such powers, duties and functions by or under the authority of the juvenile justice authority or the commissioner of juvenile justice concerning juvenile offenders es- tablished by this act shall be deemed to have the same force and effect as if performed by the department of social and rehabilitation services or the secretary of the department of social and rehabilitation services, re- spectively, in which such powers, duties and functions were vested prior to the effective date of this section.

(c) Except as otherwise provided by this act, whenever the depart- ment of social and rehabilitation services, or words of like effect con- cerning juvenile offenders, is referred to or designated by a statute, con- tract or other document, such reference or designation shall be deemed to apply to the juvenile justice authority established by this act.

(d) Except as otherwise provided by this act, whenever the secretary of the department of social and rehabilitation services, or words of like effect concerning juvenile offenders, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the commissioner of juvenile justice established by this act.

(e) All rules and regulations of the department of social and rehabil- itation services or the secretary of the department of social and rehabil- itation services concerning juvenile offenders in existence on the effective date of this section shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the commissioner of juvenile justice established by this act until revised, amended, revoked or nullified pursuant to law.

(f) All orders and directives of the department of social and rehabil- itation services or the secretary of the department of social and rehabil- itation services concerning juvenile offenders in existence on the effective date of this section shall continue to be effective and shall be deemed to be orders and directives of the juvenile justice authority established by this act until revised, amended or nullified pursuant to law.

(g) On the effective date of this section, the juvenile justice authority established by this act shall succeed to whatever right, title or interest the department of social and rehabilitation services has acquired in any real property in this state concerning juvenile offenders, and the authority shall hold the same for and in the name of the state of Kansas. On and after the effective date of this section, whenever any statute, contract, deed or other document concerns the power or authority of the department of social and rehabilitation services or the secretary of the department of social and rehabilitation services concerning juvenile offenders to acquire, hold or dispose of real property or any interest therein, the juvenile justice authority as established by this act shall succeed to such power or authority.

(h) The juvenile justice authority and the commissioner of juvenile justice established by this act shall be continuations of the department of social and rehabilitation services and the secretary of the department of social and rehabilitation services concerning juvenile offenders. Sec. 134. On and after July 1, 1996, K.S.A. 1995 Supp. 75-7008 is hereby amended to read as follows: 75-7008. (a) There is hereby estab- lished the Kansas youth authority. The authority shall develop confine- ment and alternate disposition policies for juvenile offenders. The au- thority shall specifically look at confinement as well as diversion, fines, restitution, community service, standard probation, intensive supervision, house arrest programs, electronic monitoring, structured school, day re- porting centers, community residential care, treatment centers and sanc- tions house.

(b) The Kansas youth authority shall develop and submit its interim report and statutory proposals to the legislature on or before November 1, 1995. A ~~final report and recommendation~~ transitional plan shall be submitted on the commencement of the 1997 legislative session. Such transitional plan shall include a plan for the transfer of the powers, duties and functions of the department of social and rehabilitation services and other state agencies concerning juvenile offenders to the juvenile justice authority and the commissioner of juvenile justice; a plan for a juvenile offender placement matrix to promote uniformity throughout the system; a plan for aftercare services upon release from a juvenile correctional facility including the development of discharge plans which will coordi- nate the efficient delivery of services including educational services; a plan in coordination with the department of social and rehabilitation services to consolidate the functions of juvenile offenders and children in need of care intake and assessment services to provide a statewide plan for co- ordinating services on a 24-hour a day basis; a plan to recommend how all juveniles in police custody will be processed through the juvenile intake and assessment system; and a plan to facilitate the transfer from a state- based juvenile justice system to a community-based juvenile justice system. The plan for transition to a more community-based juvenile justice system shall be based on judicial districts and shall specifically address the gov- ernance, financial needs, compliance requirements and accountability of the system. The Kansas youth authority may contract with a consultant to provide assistance with such transitional plans.

(c) On July 1, 1997, the Kansas youth authority shall become an ad- visory authority to the commissioner of juvenile justice.

(d) The Kansas youth authority shall review programs and services provided by community corrections programs pursuant to the community corrections act. The Kansas youth authority shall review the local juvenile intake and assessment programs. The Kansas youth authority may study issues concerning children in need of care.

(e) The Kansas department of social and rehabilitation services, in cooperation with the Kansas youth authority, shall coordinate all state efforts to prevent alcohol and drug abuse by juveniles.

(f) The Kansas department of social and rehabilitation services, in cooperation with the Kansas youth authority, shall develop a comprehen- sive strategy for prevention and early intervention, including, but not limited to, a program to assist each community in performing a compre- hensive risk assessment.

(g) Annually, the Kansas youth authority shall recognize:

(1) No more than six individuals or organizations that have made significant and positive contributions to Kansas youth; and

(2) one male and one female Kansas youth for significant and positive contributions to the eradication of youth risk factors in such youth's community.

(h) The Kansas youth authority may appoint an advisory youth coun- cil. Such council shall advise the authority on policy recommendations and programs. Members of the youth council shall meet and have such duties as determined by the Kansas youth authority.

(i) There is hereby created the Kansas endowment for youth fund in the state treasury. All moneys credited to the Kansas endowment for youth fund shall be used to fund prevention programs for youths. The Kansas youth authority shall accept grants and donations, both public and pri- vate, to be credited to the fund. All expenditures from the Kansas endow- ment for youth fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the Kansas youth authority or by a person or persons designated by such chairperson. The Kansas youth authority may contract with a consultant to determine the elements of a successful endowment program. On the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas endowment for youth fund, the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding period of time specified under this subsection, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to money in the Kansas endowment for youth fund. Such amount of money shall be determined by the pooled money investment board based on:

(1) The average daily balance of moneys in the Kansas endowment for youth fund during the period of time specified under this subsection as certified to the board by the director of accounts and reports; and

(2) the average interest rate on repurchase agreements of less than 30 days' duration entered into by the pooled money investment board for that period of time. On or before the fifth day of the month for the pre- ceding month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the Kansas endowment for youth fund for the period of time specified under this subsection. Sec. 135. On and after July 1, 1996, K.S.A. 1995 Supp. 75-7009 is hereby amended to read as follows: 75-7009. (a) The Kansas youth au- thority shall consist of seven members. The governor shall appoint one member from each congressional district and three members from the state at large. The governor shall appoint a chairperson. ~~The members of the authority shall be appointed by June 1, 1995.~~

(b) The authority shall meet upon call of its chairperson as is neces- sary to carry out its duties under this act.

(c) Of the members of the board appointed in the year 1999, three members shall have terms ending on the second Monday in January 2001 and four members shall have terms ending on the second Monday in January 2003. Each member appointed in 1995 and subsequent to 1999 shall be appointed for a four-year term and shall continue in office until a successor is appointed and qualified. Members shall be eligible for reappointment.

(d) Each member of the authority shall receive compensation, sub- sistence allowances, mileage and other expenses as provided for in K.S.A. 75-3223, and amendments thereto.

(e) The attorney general or the attorney general's designee, the chief justice of the supreme court or the chief justice's designee and the com- missioner of education or the commissioner's designee shall serve as ex officio members of the authority. The governor may appoint other mem- bers to serve as ex officio members. Such ex officio members appointed by the governor shall serve at the pleasure of the governor. All ex officio members of the commission shall be nonvoting members. Sec. 136. On and after July 1, 1997, K.S.A. 1995 Supp. 76-375 is hereby amended to read as follows: 76-375. (a) On or before December 31 in each year, the chancellor of the university of Kansas, or the designee of the chancellor, shall prepare a list of the areas of this state which the chancellor, or designee of the chancellor, determines to be critically med- ically underserved areas by specialty and the areas of this state which the chancellor, or designee of the chancellor, determines to be medically underserved areas by specialty. In preparing such a list the chancellor, or designee of the chancellor, shall consult with the medical scholarship advisory committee. All state medical care facilities or institutions, all medical centers operated in the state of Kansas by the veterans admin- istration of the United States, and all full-time faculty positions at the university of Kansas school of medicine in family medicine or family prac- tice are qualified for service in both service commitment area I and serv- ice commitment area II without being determined medically underserved areas. In preparing such a list, the portion of time of persons engaged in the practice of medicine and surgery at any institution under the juris- diction and control of the secretary of social and rehabilitation services shall not be included in determining whether an area is critically medically underserved or medically underserved. Every such list shall note that all state medical care facilities or institutions qualify for such service com- mitments, in addition to listing those areas determined to be critically medically underserved or medically underserved. Critically medically un- derserved areas by specialty and medically underserved areas by specialty established prior to the effective date of this act by the secretary of health and environment shall continue in effect for the purposes of this act until changed by the chancellor of the university of Kansas, or the designee of the chancellor. The chancellor of the university of Kansas, or the designee of the chancellor, upon a finding of exceptional circumstances may modify areas or portions of areas determined to be critically medically underser- ved or medically underserved by specialty.

(b) (1) A service commitment area shall be designated as a service commitment area I or a service commitment area II. Service commitment area I shall be any area determined by the chancellor of the university of Kansas, or the designee of the chancellor, under subsection (a) to be, for purposes of all agreements entered into under K.S.A. 76-374 and amend- ments thereto, a medically underserved area or a critically medically un- derserved area. Service commitment area II shall be, for purposes of all agreements entered into under K.S.A. 76-374 and amendments thereto, the state of Kansas.

(2) The service commitment area I or II for persons first awarded scholarships after December 31, 1985, shall be an incorporated city of this state as specified in subsection (d)(2) of K.S.A. 76-374 and amend- ments thereto, all state medical care facilities or institutions, all medical centers operated in the state of Kansas by the veterans administration of the United States, and the full-time faculty positions at the university of Kansas school of medicine in general internal medicine, general pediat- rics, family medicine or family practice, except that, at the time any person commences satisfying a service commitment under this subsection as a full-time faculty member, the number of persons satisfying service com- mitments or service obligations, pursuant to agreements under K.S.A. 76- 374 and amendments thereto or the medical student loan act, as full-time faculty members pursuant to this subsection shall not exceed the number equal to 25% of the total number of full-time faculty members of the university of Kansas school of medicine in general internal medicine, gen- eral pediatrics, family medicine or family practice.

(c) In selecting a service commitment area I or II, whichever is ap- plicable, prior to the commencement of the full-time practice of medicine and surgery pursuant to all agreements entered into under K.S.A. 76-374 and amendments thereto requiring service for a period of time in a service commitment area I or II, whichever is applicable, the person so selecting shall select such area from among those areas appearing on the list of areas prepared by the chancellor of the university of Kansas, or the des- ignee of the chancellor, under this section. The service commitment area selected shall have appeared on any such list not more than 36 months prior to the commencement of such full-time practice of medicine and surgery by the person selecting such service commitment area. Upon the selection of such service commitment area, the person so selecting shall inform the university of Kansas school of medicine of the area selected.

(d) A person serving in a service commitment area I or II, whichever is applicable, pursuant to any agreement under this act may serve all or part of any commitment in the service commitment area initially selected by such person. If such person moves from one service commitment area I or II to another service commitment area I or II, as applicable, such person shall notify the university of Kansas school of medicine of such person's change of service commitment area. Service in any such service commitment area I or II, as applicable, selected from the appropriate lists of service commitment areas, shall be deemed to be continuous for the purpose of satisfying any agreement entered into under this act. Any service commitment area I or II, as applicable, selected after the initially selected service commitment area I or II shall have appeared on a service commitment area I list or on a service commitment area II list, as appli- cable, which shall have been prepared not more than 12 months prior to the move by such person from one service commitment area I or II to another service commitment area I or II, as applicable.

(e) (1) A person awarded a scholarship prior to January 1, 1986, may satisfy the obligation to engage in the full-time practice of medicine and surgery in a service commitment area I even though such person is en- gaged in such practice in two or more locations within the state of Kansas, at least one of which is not located in a service commitment area I, if the person is engaged in the full-time practice of medicine and surgery in such locations pursuant to a practice affiliation agreement approved by the chancellor of the university of Kansas, or the designee of the chancellor.

(2) A person awarded a scholarship prior to January 1, 1986, may satisfy the obligation to engage in the full-time practice of medicine and surgery in either service commitment area I or service commitment area II by performing at least 100 hours per month of on-site primary care as defined in K.S.A. 76-374 and amendments thereto at a medical facility operated by a local health department or nonprofit organization in this state serving medically indigent persons. As used in this paragraph, ``med- ically indigent'' means a person: (A) Who is unable to secure health care because of inability to pay for all or a part of the costs thereof due to inadequate personal resources, being uninsured, being underinsured, be- ing ineligible for governmental health benefits; or (B) who is eligible for governmental benefits but is unable to obtain medical services.

(3) A person awarded a scholarship prior to January 1, 1986, may satisfy the obligation to engage in the full-time practice of medicine and surgery in either service commitment area I or II by engaging in such full-time practice of medicine and surgery, other than in a primary care specialty, anywhere in the state of Kansas with the exception of the fol- lowing counties: Douglas, Johnson, Leavenworth, Sedgwick, Shawnee or Wyandotte, except that the full-time practice of medicine and surgery within the six listed counties will qualify if the selected county is desig- nated as a service commitment area I or II in accordance with the pro- visions of this section, or whenever there are fewer than three persons engaged in the full-time practice of medicine and surgery in a designated specialty in the selected county. Any person who satisfies the obligation to engage in the full-time practice of medicine and surgery in accordance with this subsection (e)(3) shall remain obligated to repay the amounts received for living expenses as prescribed in subsection (a)(5) of K.S.A. 75-376 and amendments thereto. As used in this subsection (e)(3), ``pri- mary care'' means general pediatrics, general internal medicine or family practice.

(f) A person awarded a scholarship in accordance with the provisions of K.S.A. 76-373 through 76-377a and amendments thereto may satisfy the obligation to engage in the practice of medicine and surgery, under an agreement entered into pursuant to K.S.A. 76-374 and amendments thereto even though such person is engaged in practice in an area not designated a medically underserved area by specialty, or a critically med- ically underserved area by specialty, through employment on a part-time basis by the state of Kansas which has been approved by the chancellor of the university of Kansas, or the designee of the chancellor, for the practice of medicine and surgery at any state medical care facility or institution.

(g) In connection with the determination of critically medically un- derserved areas and medically underserved areas under this section, the chancellor of the university of Kansas, or the designee of the chancellor, shall assess annually the need in the state as a whole for medical services provided by persons engaged in the practice of medicine and surgery and shall report thereon annually to the legislature. Each report shall include any recommendations for needed legislation, including any recom- mended amendments to this act, which relate to the need for such med- ical services in the various areas of this state.

(h) There is hereby established the medical scholarship advisory com- mittee. Members of the medical scholarship advisory committee shall be appointed by the chancellor of the university of Kansas as follows: (1) One member shall be from the office of the chancellor of the university of Kansas; (2) one member shall be a representative of the Kansas medical society; (3) one member shall be a member of the Kansas legislature; (4) one member shall be a student at the university of Kansas school of med- icine; and (5) one member shall be a representative of the Kansas hospital association. The medical scholarship advisory committee shall meet pe- riodically upon the call of the chancellor, or the designee of the chancel- lor, and shall make recommendations to the chancellor, or the designee of the chancellor, in regard to the administration of the provisions of this act.

(i) The chancellor of the university of Kansas may appoint a medical scholarship program coordinator for the purpose of planning and admin- istering the provisions of this act. The coordinator shall be in the unclas- sified service under the Kansas civil service act.

(j) For all purposes under this section, service or employment after June 30, 1988, on a part-time basis (1) pursuant to a practice affiliation agreement approved by the chancellor of the university of Kansas, or the chancellor's designee, or (2) at a state medical care facility or institution, shall be on the basis of at least the equivalent of 1/2 time in order to satisfy the obligation to engage in the practice of medicine and surgery under an agreement entered into pursuant to K.S.A. 76-374 and amendments thereto.

(k) As used in this section, ``state medical care facility or institution'' includes, but is not limited to, the Kansas state school for the visually handicapped, the Kansas state school for the deaf, any institution under the secretary of social and rehabilitation services, as defined by subsection (b) of K.S.A. 76-12a01 and amendments thereto ~~or by subsection (b) of K.S.A. 76-12a18~~, any institution under the commissioner of juvenile jus- tice, as defined by K.S.A. 38-1602, and amendments thereto, the Kansas soldiers' home and any correctional institution under the secretary of corrections, as defined by subsection (d) of K.S.A. 75-5202 and amend- ments thereto, but shall not include any state educational institution un- der the state board of regents, as defined by subsection (a) of K.S.A. 76- 711 and amendments thereto, except as specifically provided by statute. Sec. 137. On and after July 1, 1997, K.S.A. 1995 Supp. 76-381 is hereby amended to read as follows: 76-381. As used in K.S.A. 1995 Supp. 76-380 through 76-386 and amendments thereto:

(a) ``Act'' means the medical student loan act;

(b) ``approved postgraduate residency training program'' means a res- idency training program in general pediatrics, general internal medicine, family medicine, family practice or emergency medicine;

(c) ``service commitment area'' means (1) any community within any county in Kansas other than Douglas, Johnson, Sedgwick, Shawnee or Wyandotte county, (2) any state medical care facility or institution, (3) any medical center operated by the veterans administration of the United States, or (4) the full-time faculty of the university of Kansas school of medicine in family medicine or family practice; and

(d) ``state medical care facility or institution'' includes, but is not lim- ited to, the Kansas state school for the visually handicapped, the Kansas state school for the deaf, any institution under the secretary of social and rehabilitation services, as defined by subsection (b) of K.S.A. 76-12a01 and amendments thereto ~~or by subsection (b) of K.S.A. 76-12a18~~, any institution under the commissioner of juvenile justice as defined by K.S.A. 38-1602, and amendments thereto, the Kansas soldiers' home and any correctional institution under the secretary of corrections, as defined by subsection (d) of K.S.A. 75-5202 and amendments thereto, but shall not include any state educational institution under the state board of regents, as defined by subsection (a) of K.S.A. 76-711 and amendments thereto, except as specifically provided by statute. Sec. 138. On and after July 1, 1996, K.S.A. 1995 Supp. 76-12a21 is hereby amended to read as follows: 76-12a21. (a) All jurisdiction, powers, functions and duties relating to institutions as defined in K.S.A. 76-12a18 and amendments thereto are conferred and imposed upon the secretary to be administered within youth services under the supervision of the commissioner of youth services as provided by this act.

(b) The secretary may adopt rules and regulations for the govern- ment, regulation and operation of institutions as defined in K.S.A. 76- 12a18 and amendments thereto. The secretary may adopt rules and reg- ulations relating to all persons admitted to institutions as defined in K.S.A. 76-12a18 and amendments thereto.

(c) The secretary may enter into an educational services contract with a unified school district, another public educational services provider or a private educational services provider for an institution as defined in K.S.A. 76-12a18 and amendments thereto pursuant to competitive bids or by negotiation as determined by the secretary. Each such educational services contract is exempt from the competitive bid requirements of K.S.A. 75-3739 and amendments thereto.

(d) The secretary shall not issue a pass, furlough or leave to any ju- venile placed in an institution except as needed for such juvenile to obtain medical services or to reintegrate such juvenile into the community. If any juvenile is issued a pass, furlough or leave, such juvenile shall be accom- panied by a staff member or other designated adult.

(e) The secretary shall implement an institutional security plan de- signed to prevent escapes and to prohibit contraband and unauthorized access to the institution and, within the limits of appropriations, construct perimeter fencing as required by the institutional security plan.

(f) The secretary, by rules and regulations, shall establish a rigid grooming code and shall issue uniforms to juvenile offenders in a state youth center. Sec. 139. On and after July 1, 1997, K.S.A. 1995 Supp. 76-12a25 is hereby amended to read as follows: 76-12a25. (a) As used in this section, unless the context otherwise requires: ``Key deposit fund'' means the moneys that employees pay to a state institution to be held as a security deposit for keys to the buildings or facilities of the state institution; and ``State institution'' means any institution, as defined by K.S.A. 38-1602 or 76-12a01 ~~or 76-12a18~~, and amendments thereto.

(b) The superintendent, president, or other chief administrative of- ficer of any state institution may apply to the director of accounts and reports for authority to establish a key deposit fund in the institution supervised by such officer. In accordance with rules and regulations adopted under this section, the director of accounts and reports may authorize the establishment of any such key deposit fund. The director of accounts and reports shall prescribe a system of accounts and account- ing procedures to be used in the operation of key deposit funds.

(c) Moneys of key deposit funds in an amount prescribed by the di- rector of accounts and reports shall be retained at the institution as cash on hand for the purpose of making refunds of deposits to employees terminating employment at the institution.

(d) Moneys of key deposit funds in excess of the amount prescribed under subsection (c) shall be regularly deposited in an account of a bank, a savings and loan association or a federally chartered savings bank, which bank, association or savings bank is insured by the federal government or an agency thereof, or invested in a credit union which is insured with an insurer or guarantee corporation as required under K.S.A. 17-2246 and amendments thereto and is designated by the pooled money investment board. Except as otherwise directed by the pooled money investment board, moneys of key deposit funds shall be placed in one or more inter- est-bearing accounts. Moneys shall be withdrawn regularly from one or more of such accounts in order to replenish cash on hand to the amount prescribed in subsection (c) when necessary.

(e) The provisions of K.S.A. 75-4217 and amendments thereto and the provisions relating to security of article 42 of chapter 75 of Kansas Statutes Annotated shall apply to accounts in banks, savings and loan associations, credit unions, and federally chartered savings banks under this section.

(f) Interest earned on moneys invested under this section and the amounts of key deposits forfeited shall be regularly transferred and cred- ited to the fee fund of the state institution. The director of accounts and reports shall prescribe the circumstances under which deposits shall be forfeited.

(g) Key funds shall be subject to post audit under the provisions of the statutes contained in article 11 of chapter 46 of Kansas Statutes Annotated.

(h) The secretary of administration in the manner provided in K.S.A. 75-3706 and amendments thereto shall adopt rules and regulations relat- ing to key deposit funds.

(i) No key deposit fund shall be operated contrary to the provisions of this act on or after July 1, 1993. Sec. 140. On and after July 1, 1997, K.S.A. 76-2101 is hereby amended to read as follows: 76-2101. (a) The name of the ~~state industrial school for boys is hereby changed to the~~ youth center at Topeka is hereby changed to the juvenile correctional facility at Topeka. On and after ~~the effective date of this act~~ July 1, 1997, any reference in the laws of this state to the ``state industrial school for boys~~'' shall be construed as refer- ring to~~ or the ``youth center at Topeka~~.''~~ shall be construed as referring to the juvenile correctional facility at Topeka.

~~The secretary of social and rehabilitation services shall have the man- agement and control of the youth center at Topeka and the youth center at Atchison.~~

(b) The commissioner of juvenile justice shall have the management and control of the juvenile correctional facility at Topeka. Sec. 141. On and after July 1, 1997, K.S.A. 76-2101a is hereby amended to read as follows: 76-2101a. (a) The superintendent of the ~~youth center~~ juvenile correctional facility at Topeka shall remit all moneys received by or for the superintendent from charges and other operations of such institution to the state treasurer at least monthly. Upon receipt of any such remittance the state treasurer shall deposit the entire amount thereof in the state treasury and the same shall be credited to the ~~youth center~~ juvenile correctional facility at Topeka fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of account and reports issued pursuant to vouch- ers approved by such superintendent or by a person or persons designated by the superintendent.

(b) The superintendent of the ~~youth center~~ juvenile correctional fa- cility at Atchison shall remit all moneys received by or for the superin- tendent from charges and other operations of such institution to the state treasurer at least monthly. Upon receipt of any such remittance the state treasurer shall deposit the entire amount thereof in the state treasury and the same shall be credited to the ~~youth center~~ juvenile correctional facility at Atchison fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of ac- counts and reports issued pursuant to vouchers approved by such super- intendent or by a person or persons designated by the superintendent. Sec. 142. On and after July 1, 1997, K.S.A. 76-2101b is hereby amended to read as follows: 76-2101b. (a) There is hereby established, as a separate institution, the youth center at Atchison. The name of the youth center at Atchison is hereby changed to the juvenile correctional facility at Atchison. On and after July 1, 1997, any reference in the laws of this state to the youth center at Atchison shall be construed as referring to the juvenile correctional facility at Atchison.

(b) The commissioner of juvenile justice shall have the management and control of the juvenile correctional facility at Atchison. Sec. 143. On and after July 1, 1997, K.S.A. 76-2111 is hereby amended to read as follows: 76-2111. If any person ~~shall entice~~ entices or ~~attempt~~ attempts to entice away from ~~said youth center at Topeka or the youth center at Atchison any boy~~ a juvenile correctional facility any ju- venile legally committed to the same, or ~~shall harbor or conceal, or aid~~ harbors or conceals, or aids in harboring or concealing any ~~boy who shall have~~ juvenile who has escaped from the ~~youth center at Topeka or the youth center at Atchison~~ a juvenile correctional facility such person upon conviction thereof shall be deemed guilty of a misdemeanor, and be pun- ished by imprisonment in the county jail for not more than ~~sixty (60)~~ 60 days, or a fine of not less than ~~twenty-five dollars ($25)~~ $25 nor more than ~~one hundred dollars ($100)~~ $100. Any law enforcement officer shall arrest any ~~boy~~ juvenile who has escaped from ~~said youth center at Topeka or the youth center at Atchison~~ a juvenile correctional facility and return such ~~boy~~ juvenile thereto. Sec. 144. On and after July 1, 1997, K.S.A. 76-2112 is hereby amended to read as follows: 76-2112. The superintendent of the youth center at Topeka and the superintendent of the youth center at Atchison shall have full power to place any boy at the youth center of such super- intendent at such employment and cause him to be instructed in such branches of useful knowledge as may be suitable to his years and capacity. The commissioner of juvenile justice is hereby authorized to issue work assignments to any juvenile in the commissioner's custody and placed in a juvenile correctional facility. Sec. 145. On and after July 1, 1997, K.S.A. 76-2125 is hereby amended to read as follows: 76-2125. After conveyance of the legal title to the state of Kansas, the control of ~~said~~ such lands shall be vested in the secretary of social and rehabilitation services for the use and benefit of the youth center at Topeka. On and after July 1, 1997, the control of such lands shall be vested in the commissioner of juvenile justice for the use and benefit of the juvenile correctional facility at Topeka. Sec. 146. On and after July 1, 1997, K.S.A. 76-2128 is hereby amended to read as follows: 76-2128. When the state of Kansas has ac- quired title to ~~said~~ such real estate as hereinbefore provided such real estate shall be for the use of the ~~youth center~~ juvenile correctional facility at Topeka until other use is directed or disposition is made by the legislature. Sec. 147. On and after July 1, 1997, K.S.A. 76-2201 is hereby amended to read as follows: 76-2201. The name of the ~~state industrial school for girls is hereby changed to the~~ youth center at Beloit is hereby changed to the juvenile correctional facility at Beloit. On and after ~~the effective date of this act~~ July 1, 1997, any reference in the laws of this state to the ``state industrial school for girls'' or the youth center at Beloit shall be construed as referring to the ~~``youth center at Beloit.''~~ juvenile correctional facility at Beloit.

The ~~secretary of social and rehabilitation services~~ commissioner of ju- venile justice shall have the management and control of the ~~youth center~~ juvenile correctional facility at Beloit, and may remove to said youth cen- ter any girl who may be detained in any of the charitable institutions of the state who in the judgment of the secretary is of like character, conduct and age as those who by the provisions of this act are admissible to the said youth center. Sec. 148. On and after July 1, 1997, K.S.A. 76-2201a is hereby amended to read as follows: 76-2201a. The superintendent of the ~~youth center~~ juvenile correctional facility at Beloit shall remit all moneys re- ceived by or for ~~him or her~~ the superintendent from charges and other operations of such institution to the state treasurer at least monthly. Upon receipt of any such remittance the state treasurer shall deposit the entire amount thereof in the state treasury and the same shall be credited to the ~~youth center~~ juvenile correctional facility at Beloit fee fund. All ex- penditures from such fund shall be made in accordance with appropria- tion acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by such superintendent or by a person or persons designated by ~~him or her~~ the superintendent. Sec. 149. On and after July 1, 1997, K.S.A. 76-2219 is hereby amended to read as follows: 76-2219. The ~~secretary of social and reha- bilitation services~~ commissioner of juvenile justice is hereby authorized to lease or convey for and on behalf of the state of Kansas certain lands located east of highway 129 and now a part of the ~~youth center~~ juvenile correctional facility at Beloit to a political subdivision of this state if such lands are considered excess to present and future needs of the ~~youth center~~ juvenile correctional facility at Beloit and is recommended for such conveyance by the state finance council and is to be used for educational purposes. Sec. 150. On and after July 1, 1997, K.S.A. 76-2220 is hereby amended to read as follows: 76-2220. Any parcel of land conveyed in accordance with the provisions of this act shall be by quitclaim deed and said deed shall contain an appropriate reservation, approved by the at- torney general, to protect the use of the land conveyed for use for edu- cational purposes. Any change in use after conveyance shall be subject to the approval of the ~~secretary of social and rehabilitation services~~ com- missioner of juvenile justice. The deed conveying such land shall be ap- proved as to form by the attorney general, shall be executed by the ~~sec- retary of social and rehabilitation services and the director of mental health and retardation services~~ commissioner of juvenile justice. Any lands authorized to be conveyed by K.S.A. 76-2219, and amendments thereto, shall be located within the following described real property to wit: ``Beginning at the northeast corner of section 4, township 7 south, range 7 west, Mitchell county, Kansas; thence south 73 poles, 7 chains and 8 links; thence west 7 chains and 8 links; thence north 7 chains and 8 links; thence west to the northeast corner of the southwest quarter of the northeast quarter of said section 4; thence south 1,320 feet; thence west 1,320 feet; thence north along the quarter line to the northwest corner of the northeast quarter; thence east 478 feet; thence south 547 feet; thence east 1,235 feet more or less; thence north 37 poles more or less to the north line of said section; thence east 57 poles to the point of beginning, less highways, and less a tract of land adjoining Kansas highway 129 on the east, an oblong tract consisting of 0.78 acres oc- cupied by an employee's residence and outbuilding, and less a tract of land as follows:

Beginning at the southwest corner of the northeast quarter of section 4, township 7 south, range 7 west; thence north along the quarter section line a distance of 759 feet; thence east at a ninety degree angle a distance of 396 feet; thence south at a ninety degree angle a distance of 759 feet; thence west along south line of the northeast quarter of section 4, township 7 south, range 7 west, a distance of 396 feet to the point of beginning, containing 6.38 acres more or less, exclusive of 30 feet along east side of highway right-of-way.''; and which lands are not leased or otherwise encumbered, may be leased or conveyed as provided for in this act, subject to restrictions as herein- above provided for. New Sec. 151. (a) The board of education of each school district in this state may establish a school attendance review board or may enter into a cooperative or interlocal cooperation agreement with one or more other boards of education for the joint establishment of a school atten- dance review board. Each school attendance review board shall include, but need not be limited to, one or more persons representing each of the following: (1) Parents of pupils of the district or districts; (2) the depart- ment of social and rehabilitation services; (3) the superintendent of schools of each participating school district; (4) teachers of the school district or districts; (5) school guidance personnel; (6) law enforcement agencies having jurisdiction in the district or districts; and (7) community- based agencies providing services to youth.

(b) The superintendent of schools of the school district that has es- tablished a school attendance review board as provided in subsection (a), at the beginning of each school year, shall convene a meeting of the school attendance review board for the purpose of adopting plans to promote interagency and community cooperation and to reduce the duplication of services provided to youth who have serious school attendance problems. If more than one board of education is participating in a school attendance review board, the superintendent of schools of the school district having the most pupils shall convene the meeting provided for by this subsection.

(c) The school attendance review board may elect from among its members a chairperson having responsibility for coordinating the services of the board and may elect such other officers as determined by the board.

(d) The school attendance review board may adopt rules and regu- lations as necessary to govern its procedure and to enable the board to carry out the provisions of this act. New Sec. 152. (a) When a pupil has been referred to a school atten- dance review board under section 155, the board, for the purpose of making a proper disposition of the referral, may request the district court having jurisdiction to issue subpoenas requiring the attendance of the following:

(1) The pupil;

(2) the pupil's parents, guardians or other person having control of the pupil;

(3) the school authority referring the pupil; and

(4) any other person the school attendance review board may require as a witness in the matter.

(b) The district court may issue subpoenas requiring the attendance of witnesses or the production of pertinent written materials, subject to K.S.A. 60-245 and amendments thereto.

(c) The district court shall not have jurisdiction to order detention in any secure facility or other confinement for failure to comply with a sub- poena issued pursuant to this section. New Sec. 153. Any school attendance review board established pur- suant to section 151 shall maintain a continuing inventory of community resources, including alternative educational programs, and make recom- mendations for the improvement of such resources and programs or for the creation of new resources and programs where none exist. New Sec. 154. Each entity represented on a school attendance re- view board may assign personnel to represent the entity on a continuing basis in accordance with the intent of this act. The duties, obligations or responsibilities which may be imposed on entities by this act are such that the related costs are incurred as a part of the entities' normal oper- ating procedures. The minor costs of such services may be borne by each entity and each or all of the participants may apply for and utilize state or federal funds as may be available. New Sec. 155. (a) If a pupil is required by law to attend school and is irregular in attendance at school, the pupil may be referred to the school attendance review board. Each board of education shall designate one or more employees to make such referrals. Upon making a referral, the employee shall notify the pupil and the pupil's parents or guardians, in writing, of the name and address of the school attendance review board and of the reason for the referral. The notice shall indicate that the pupil and parents or guardians of the pupil will be required, along with the referring person, to meet with the school attendance review board to consider a proper disposition of the referral.

(b) If the school attendance review board determines that available community services can resolve the problem of the referred pupil, the board shall direct the pupil or the pupil's parents or guardians, or both, to make use of those community services. The school attendance review board may require, at such time as it determines proper, the pupil or parents or guardians of the pupil, or both, to furnish satisfactory evidence of participation in the available community services.

(c) If the school attendance review board determines that available community services cannot resolve the problem of the referred pupil or if the pupil or the pupil's parents or guardians, or both, have failed to respond to directives of the school attendance review board or to services provided, the school attendance review board may notify the secretary of social and rehabilitation services or the appropriate county or district at- torney. If the case is referred to the district court, the school attendance review board shall submit to the district court documentation of efforts to secure attendance as well as the board's recommendations on what action the district court shall take in order to bring about proper dispo- sition of the case. New Sec. 156. On and after July 1, 1996: (a) Except as provided further, information and records which pertain to the immunization status of persons against childhood diseases as required by K.S.A. 65-508 and 65-519, and amendments thereto, may be disclosed and exchanged with- out a parent or guardian's written release authorizing such disclosure, to the following, who need to know such information to assure compliance with state statutes or to achieve age appropriate immunization status for children:

(1) Employees of public agencies or departments;

(2) health records staff of child care facilities and family day care homes, including, but not limited to, facilities licensed by the secretary of health and environment;

(3) persons other than public employees who are entrusted with the regular care of those under the care and custody of a state agency in- cluding, but not limited to, operators of day care facilities, group homes, residential care facilities and adoptive or foster homes; and

(4) health care professionals.

(b) Notwithstanding K.S.A. 60-427 and amendments thereto or any other Kansas statute which provides for privileged information between a patient and a health care provider, there shall be no privilege preventing the furnishing of information and records as authorized by this section by any health care provider.

(c) Information and records which pertain to the immunization status of persons against childhood diseases as required by K.S.A. 65-508 and 65-519, and amendments thereto, whose parent or guardian has submit- ted a written statement of religious objection to immunization as provided in K.S.A. 65-508 or 65-519, and amendments thereto, may not be dis- closed or exchanged without a parent or guardian's written release au- thorizing such disclosure. Sec. 157. On and after July 1, 1996, K.S.A. 65-525 is hereby amended to read as follows: 65-525. Except as otherwise provided in section 156 and amendments thereto, information received by the licens- ing agency through filed reports, inspections or otherwise authorized un- der K.S.A. 65-501 to 65-522, inclusive, and amendments thereto shall not be disclosed publicly in such manner as to identify individuals. In any hearings conducted under the licensing or regulation provisions of K.S.A. 65-501 to 65-522, inclusive, and amendments thereto, the hearing officer may close the hearing to the public to prevent public disclosure of matters relating to individuals restricted by other laws. New Sec. 158. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect with- out the invalid provision or application, and to this end the provisions of this act are severable. New Sec. 159. (a) As used in this section:

(1) ``Child'' means a person under 18 years of age; and

(2) ``parent'' means and includes a natural parent, an adoptive parent, a stepparent or a guardian or conservator of a child who is liable by law to maintain, care for or support the child.

(b) It shall be the public policy of this state that parents shall retain the fundamental right to exercise primary control over the care and up- bringing of their children in their charge. It is further the public policy of this state that children shall have the right to protection from abuse and neglect.

(c) Nothing in subsection (b) shall be interpreted to expand, diminish or in any way alter the scope of the rights of parents or children to the extent such rights exist as of the effective date of this act.

(d) Any parent may maintain a cause of action in state court or in any court of competent jurisdiction for claims arising under the principles established in subsection (b). Any person authorized by law to act on behalf of a child may maintain a cause of action in the name of such child in any court of competent jurisdiction for claims arising under the prin- ciples established in subsection (b). Sec. 160. On and after July 1, 1996, K.S.A. 16-204 is hereby amended to read as follows: 16-204. Except as otherwise provided in accordance with law, and including any judgment rendered on or after July 1, 1973, against the state or any agency or political subdivision of the state:

(a) Any judgment rendered by a court of this state before July 1, 1980, shall bear interest as follows:

(1) On and after the day on which the judgment is rendered and before July 1, 1980, at the rate of 8% per annum;

(2) on and after July 1, 1980, and before July 1, 1982, at the rate of 12% per annum;

(3) on and after July 1, 1982, and before July 1, 1986, at the rate of 15% per annum; and

(4) on and after July 1, 1986, at the rate provided by subsection (e).

(b) Any judgment rendered by a court of this state on or after July 1, 1980, and before July 1, 1982, shall bear interest as follows:

(1) On and after the day on which the judgment is rendered and before July 1, 1982, at the rate of 12% per annum;

(2) on and after July 1, 1982, and before July 1, 1986, at the rate of 15% per annum; and

(3) on and after July 1, 1986, at the rate provided by subsection (e).

(c) Any judgment rendered by a court of this state on or after July 1, 1982, and before July 1, 1986, shall bear interest as follows:

(1) On and after the day on which the judgment is rendered and before July 1, 1986, at the rate of 15% per annum; and

(2) on and after July 1, 1986, at the rate provided by subsection (e).

(d) Any judgment rendered by a court of this state on or after July 1, 1986, shall bear interest on and after the day on which the judgment is rendered at the rate provided by subsection (e).

(e) (1) ~~On and after the effective date of this act,~~ Except as otherwise provided in this subsection, on and after July 1, 1996, the rate of interest on judgments rendered by courts of this state pursuant to the code of civil procedure shall be at a rate per annum: (A) Which shall change effective July 1 of each year for both judgments rendered prior to such July 1 and judgments rendered during the twelve-month period begin- ning such July 1; and (B) which is equal to an amount that is four per- centage points above the discount rate (the charge on loans to depository institutions by the New York federal reserve bank as reported in the money rates column of the Wall Street Journal) as of July 1 preceding the date the judgment was rendered. The secretary of state shall publish notice of the interest rate provided by this subsection (e) (1) not later than the second issue of the Kansas register published in July of each year.

(2) On and after the effective date of this act, the rate of interest on judgments rendered by courts of this state pursuant to the code of civil procedure for limited actions shall be 12% per annum.

(3) On and after July 1, 1996, it shall be presumed that applying interest at the rate of 10% per annum will result in the correct total of interest accrued on any judgments, regardless of when the judgments ac- crued, arising from a person's duty to support another person. The burden of proving that a different amount is the correct total shall lie with any person contesting the presumed amount. New Sec. 161. The juvenile justice authority, pursuant to K.S.A. 1995 Supp. 75-7001, and amendments thereto, and the Kansas youth authority, pursuant to K.S.A. 1995 Supp. 75-7008, and amendments thereto, shall be and are hereby abolished on July 1, 2004. Sec. 162. On and after July 1, 1996, K.S.A. 16-204, 20-1204a, 38- 1506, 38-1507, 38-1507a, 38-1507b, 38-1508, 38-1522, 38-1562, 38-1617, 38-1618, 38-1624 and 65-525, and K.S.A. 1995 Supp. 38-1502, 38-1528, 38-1602, 38-1607, 38-1608, 38-1616, 75-7001, 75-7002, 75-7008, 75-7009 and 76-12a21 are hereby repealed. Sec. 163. On and after July 1, 1997, K.S.A. 10-1208, 20-302b, 20- 1204a, as amended by section 17 of this bill, 21-2511, 21-3413, 21-3611, 21-3612, 21-3826, 22-4701, 28-170, 28-170a, 28-172b, 38-1569, 38-1601, 38-1604, 38-1605, 38-1609, 38-1610, 38-1613, 38-1614, 38-1617, as amended by section 56 of this bill, 38-1618, as amended by section 58 of this bill, 38-1622, 38-1624, as amended by section 61 of this bill, 38-1626, 38-1632, 38-1633, 38-1636, 38-1637, 38-1638, 38-1639, 38-1640, 38- 1653, 38-1656, 38-1657, 38-1658, 38-1661, 38-1662, 38-1665, 38-1666, 38-1672, 38-1674, 38-1681, 38-1682, 38-1691, 38-16,111, 38-16,112, 38-16,116, 38-16,117, 38-16,118, 38-16,119, 38-16,120, 39-713c, 39-1301, 39-1302, 39-1303, 39-1307, 40-1909, 60-460, 65-1626, 72-978, 72-1111, 74-5344, 74-5363, 75-3335, 75-3335a, 75-3336, 75-3336a, 76-12a18, 76- 12a19, 76-2101, 76-2101a, 76-2101b, 76-2111, 76-2112, 76-2125, 76- 2128, 76-2201, 76-2201a, 76-2210, 76-2211, 76-2219 and 76-2220 and K.S.A. 1995 Supp. 8-237, 38-1602, as amended by section 40 of this bill, 38-1606a, 38-1607, as amended by section 45 of this bill, 38-1608, as amended by section 47 of this bill, 38-1611, 38-1616, as amended by section 54 of this bill, 38-1635, 38-1641, 38-1652, 38-1655, 38-1663, 38- 1664, 38-1668, 38-1671, 38-1673, 38-1675, 38-1676, 38-1677, 38-1692, 38-1813, 39-708c, 40-19a10, 40-19b10, 40-19c09, 40-19d10, 41-727, 65- 516, 72-962, 72-1113, 74-7335, 74-8810, 74-9501, 75-3765, 75-5206, 75-5220, 75-5229, 76-375, 76-381, 76-12a20, 76-12a21, as amended by section 138 of this bill, and 76-12a25 are hereby repealed. Sec. 164. This act shall take effect and be in force from and after its publication in the statute book.

Approved May 11, 1996.