CHAPTER 27-5
COMMENCEMENT OF JUVENILE PROCEEDINGS

27-5-1 Filing a Petition; Juvenile Division Procedures.

(A)    An action under this Title shall be commenced by filing a petition with the Court and the issuance of process on the petition. The juvenile prosecutor shall prepare and file the petition alleging a juvenile is a juvenile offender and shall prosecute such case.

(B)    If a juvenile is not detained for a detention hearing, the Court may issue a summons with a copy of the petition attached, which shall state the place of the hearing and the time at which the juvenile is required to appear and answer the offenses charged. The hearing shall be held within thirty (30) days of the date the petition is filed.

(C)    When the juvenile is being detained for a detention hearing, a copy of the petition shall be served on the juvenile and the parent or residential custodian at the detention hearing. The service shall be part of the Court record. The Court shall announce the time that the juvenile is ordered to appear again for further proceedings. If no parent or residential custodian is in attendance, the Court shall summon the parent or residential custodian.

(D)    If the Court does not have enough information to accomplish a service of summons, the Court may issue a warrant.

27-5-2 Duty to Appear.

(A)    Any parent or residential custodian who is served with a summons shall appear with the juvenile at all proceedings concerning the juvenile unless excused by the Court.

(B)    Any person required to be at all juvenile proceedings who fails to comply without good cause may be proceeded against for indirect contempt of court. “Good cause” may include:

(1)    The parent or residential custodian does not have physical custody of the juvenile and lives outside of the State of Kansas;

(2)    The parent or residential custodian has physical custody of the juvenile, but lives outside of the State of Kansas, and appearing in the Court would present a hardship to the parent or residential custodian; or

(3)    The parent or residential custodian has physical custody of the juvenile and lives within the State of Kansas, but is outside the State of Kansas, and appearing in the Court would present a hardship to the parent or residential custodian.

(C)    If the parent or residential custodian cannot be found or fails to appear, the Court may proceed with the case without the presence of such parent or residential custodian.