Session of 1999
SENATE BILL No. 208
By Committee on Judiciary
9 AN ACT concerning the Kansas juvenile offenders code; relating to ex-
10 pense of care and custody of a juvenile; amending K.S.A. 1998 Supp.
11 38-1616 and repealing the existing section.
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 1998 Supp. 38-1616 is hereby amended to read as
15 follows: 38-1616. (a) How paid. (1) If a juvenile accused of being or ad-
16 judicated to be a juvenile offender is not eligible for assistance under
17 K.S.A. 39-709 and amendments thereto, expenses for the care and cus-
18 tody of the juvenile shall be paid out of the general fund of the county in
19 which the proceedings are brought. For the purpose of this section, a
20 juvenile who is a nonresident of the state of Kansas or whose residence
21 is unknown shall have residence in the county where the proceedings are
23 (2) When a law enforcement officer has taken a juvenile into custody
24 as authorized by subsection (a) of K.S.A. 38-1624 and amendments
25 thereto and delivered the juvenile to a person or facility, other than a
26 juvenile detention facility, designated by the commissioner or when cus-
27 tody of a juvenile is awarded to the commissioner, the expenses of the
28 care and custody of the juvenile may be paid by the commissioner, subject
29 to payment or reimbursement as required in subsection (b), even though
30 the juvenile does not meet the eligibility standards of K.S.A. 39-709 and
31 amendments thereto.
32 (3) When the custody of a juvenile is awarded to the commissioner,
33 the expenses for the care and custody of the juvenile from the date of
34 custody forward shall not be paid out of the county general fund, except
35 as provided in subsection (d). In no event shall the payment authorized
36 by this subsection exceed the state approved rate.
37 (4) Nothing in this section shall be construed to mean that any person
38 shall be relieved of legal responsibility to support a juvenile.
39 (b) Reimbursement to county general fund. (1) When expenses for
40 the care and custody of a juvenile accused of being or adjudicated to be
41 a juvenile offender have been paid out of the county general fund of any
42 county in this state, the court may fix a time and place for hearing on the
43 question of requiring payment or reimbursement of all or part of the
44 expenses by a person who by law is liable to maintain, care for or support
45 the juvenile.
46 (2) The court, after notice to the person who by law is liable to main-
47 tain, care for or support the juvenile, may hear and dispose of the matter
48 and may enter an order relating to payment of expenses for care and
49 custody of the juvenile. If the person willfully fails or refuses to pay the
50 sum, the person may be adjudged in contempt of court and punished
52 (3) Any county which makes payment to maintain, care for or support
53 an accused or adjudicated juvenile offender may bring a separate action
54 against a person who by law is liable to maintain, care for or support such
55 juvenile for the reimbursement of expenses paid out of the county general
56 fund for the care and custody of the juvenile.
57 (c) Reimbursement to the commissioner. When expenses for the care
58 and custody of a juvenile accused of being or adjudicated to be a juvenile
59 offender have been paid by the commissioner, the commissioner may
60 recover the expenses as provided by law from any person who by law is
61 liable to maintain, care for or support the juvenile. The commissioner
62 shall have the power to compromise and settle any claim due or any
63 amount claimed to be due to the commissioner from any person who by
64 law is liable to maintain, care for or support the juvenile. The commis-
65 sioner may contract with a state agency, contract with an individual or
66 hire personnel to collect the reimbursements required under this
68 (d) When a county has made an interlocal agreement to maintain,
69 care for or support juvenile offenders who are residents of another county
70 and such other county is a party to the interlocal agreement with the
71 county which performs the actual maintenance, care and support of the
72 accused or adjudicated juvenile offender, such county of residence may
73 pay from its county general fund to the other county whatever amount is
74 agreed upon in the interlocal agreement irrespective of any amount paid
75 or to be paid by the juvenile justice authority. The juvenile justice au-
76 thority shall not diminish the amount it would otherwise reimburse any
77 such county for maintaining, caring for and supporting any such accused
78 or adjudicated juvenile offender because of any payment under such an
79 interlocal agreement.
80 (e) Notwithstanding any law to the contrary, when a juvenile is placed
81 in the custody of the secretary of social and rehabilitation services or the
82 commissioner of the juvenile justice authority by the court, financial re-
83 sponsibility, including payment for juvenile detention and sanction house
84 services, medical care and any other residential care, shall remain with
85 the agency designated by the court until the court relieves that agency of
86 all responsibility to the juvenile.
87 Sec. 2. K.S.A. 1998 Supp. 38-1616 is hereby repealed.
88 Sec. 3. This act shall take effect and be in force from and after its
89 publication in the statute book.