Attorney General Opinion No. 1988-130

Download or read book Attorney General Opinion No. 1988-130 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In chronological order, the following must occur before a court may authorize placement in a secure facility pursuant to L. 1988, Ch. 138, section 8(e): 1) The child must have run from a court ordered or designated placement at least twice; 2) the child must be adjudicated as a child in need of care for having so run; 3) the court must enter an order directing the child to remain in a specified placement, following the procedures set forth in L. 1988, Ch. 138, section 8(a); 4) the child must violate this order; 5) upon the filing of an application pursuant to L. 1988, Ch. 138, section 8(b), a hearing on the violation must be held and the court must make the determinations required in L. 1988, Ch. 138, 58(e). A subsection 8(e) court order authorizing placement in a secure facility expires 60 days after it is issued. The court may grant two extensions of such authorization, up to 60 days each, upon rehearing pursuant to K.S.A. 38-1564. The secure placement authorized by L. 1988, Ch. 138, section 8(e) may not be in an adult jail except when a juvenile detention facility located therein, in quarters separated by sight and sound from adult prisoners, is used to hold the child for not more than 24 hours, including time spent therein pursuant to subsections 8(c) and (d). Cited herein: K.S.A. 1987 Supp. 38-1502, K.S.A. 38-1527, 38-1528, 38-1542, 38-1543, all as amended by L. 1988, Ch. 138; K.S.A. 38-1556; 38-1563; and L. 1988, Ch. 138, section 8.