Juvenile

Overview

Juvenile Correctional Facilities

(913) 573-2973
F: (913) 573-2860

Handles cases involving juveniles under the age of (18). Ways a juvenile becomes involved with our department:

  • As a juvenile offender: a juvenile between the ages of 10 - 17 who has allegedly committed a crime.

  • As a child in need of care: a juvenile between the ages of birth - 17 who is abused, neglected, truant, a runaway, out of parental control, under (10) years of age and has allegedly committed a crime, or is in an environment that may harm him or her.

Juvenile Offender's FAQs

Is a juvenile required to have an attorney in court?

Yes. Kansas Law requires that all juveniles appearing in court as Respondents/defendants, must be represented by an attorney. In Wyandotte County, a contract attorney is automatically appointed by the court to represent the juvenile (Contract attorneys are private practice attorney who have a contract with the court system to represent juveniles who allegedly committed a crime.) The parent always has the option to hire an attorney of their own choosing.

Who pays for the court appointed attorney?

The parent and/or juvenile are responsible for the attorney fees. If the family can not afford to pay for the attorney, an affidavit of indigence may be filled out and given to the judge who will then determine who will pay or if the fee will be waived.

How can a child be emancipated?

Parents are obligated to care for their children until they reach the age of 18. Emancipation allows a child under 18 to hold property, enter into contracts, and to sue or be sued. It does not necessarily relieve a parent of their obligation to provide for the child until age 18. To begin the emancipation process, a petition is filed in District Court. The judge, at the hearing, would then determine if the juvenile has the ability to enter into contracts and is responsible and mature enough to be treated a an adult. The district attorney’s office does not handle emancipations.

When and what time is my child's court appearance?

The Clerk’s Office at (913) 573-4190 is required to notify the parents and the juvenile by mail or by personal service when the first hearing will be, whether it is a detention hearing, arraignment or CINC proceeding.

What should I do if I or my child missed a court appearance?

Call the Judge’s Administrative Assistant: (913) 573-8195 to set a time for the juvenile to appear at court. A warrant may have already been issued so it is important to do this as soon as possible before the child is arrested and taken to detention.

I am a victim and the suspect was a juvenile. Who can help me with information, questions, the status of my case and/or help me in filling out the Victim Impact Statement?

When the suspect is a juvenile call (913) 573-2973 for assistance.

I am a witness. Do I have to appear for court?

You do not need to appear for court unless you receive a subpoena.

What is a subpoena?

A subpoena is a court order requiring you to appear at court on a certain date and time. A subpoena may be mailed to you or personally given to you. If you have been personally served, and failed to appear at the designated time and place, the court may find you in contempt and issue a warrant for your arrest.

How can my child’s juvenile record be expunged?

Kansas law allows most juvenile adjudications to be expunged. "Expungement" means that the crime will not be found when a person or agency, other than law enforcement, runs a juvenile record. (2) years after the juvenile is discharged from jurisdiction (i.e. completed his/her sentence), a juvenile may be eligible for expungement. The juvenile may contact:

Start the process there by completing a petition for expungement. A $50 state fee must be paid.

When can a juvenile be tried as an adult?

Any juvenile between the ages of 10 -17 may be waived to adult status. The State starts the process by filing a motion requesting adult prosecution in certain limited cases. Factors considered by the district attorney’s office as well as the court, are the seriousness of the offense, the prior criminal record of the juvenile, the services the juvenile has already received through the court system, and availability of other services that may rehabilitate the juvenile if he/she remains in the juvenile system.

How do I get a copy of my police report?

If the suspect is a juvenile the police cannot release police reports. They however, will give you a report showing you filed a report which has a complaint number on it. This number helps in tracking your case through the police department and the district attorney’s office.

Do I have a warrant?

By law, our office is not allowed to release that information. Contact the Sheriff’s Office.

More Information on a Child in Need of Care

The Kansas Law, relating to children, is called the Kansas Code for the Care of Children. Under that law, there are eleven definitions for the court to use in declaring a child to be one who should be under the jurisdiction of the court. These include such things as:

  • A child who is not receiving adequate parental care, supervision or control, and this is not due entirely because of the family’s financial situation;
  • Children out of the parent’s control, or not in sufficient control to meet their physical, emotional, or mental needs;
  • Children who are being physically, mentally emotionally, or sexually abused, or may be neglected by their parents or caretakers;
  • Children who are placed for adoption or care in violation of the law
  • Abandoned children;
  • Children who are aged (7 - 18) and are not complying with the school attendance laws;
  • Children under ten years old who commit a crime;
  • Children who are runaways from home, or from their court-ordered placement;
  • Children who commit acts which are unlawful for persons under (18) to do, but this does not include:
    • purchase of alcohol or beer;
    • purchase of a pari-mutuel ticket at a racetrack;
    • purchase of, or possession of tobacco products; or
    • possession of firearms.
  • Children who leave their court ordered placement twice or more times, without permission.
  • Children who live in the same home with a sibling who has been abused or neglected.

How do I report child neglect or abuse when I see it?

In the Kansas City metropolitan area, suspected child abuse or neglect can be reported to SRS at (866) 215-9077. Persons who report abuse or neglect that they see cannot be held to be liable for damages in a lawsuit, because they reported this to the authorities, should the parents seek to sue.

My minor relative has been placed in foster care, what can I do?

You can contact the juvenile court, or SRS and state that you are willing to be a placement for the child. There is a process that must be followed, including that your home, and everyone who resides there, would be checked out by professionals. Children often go into a foster home, but when appropriate relatives are located and checked out, many of them go to live with relatives.

Can I find out about the case and know what is happening?

Matters that are in court under the Code for the Care of Children are confidential, but sometimes relatives are allowed to come into court with parents and learn about what is happening with the child. It is unlikely that anyone from the court or attorneys will tell you information over the phone.

What happens to children placed in the custody of SRS?

The court will enter orders for the parents to follow, and if the parents change their circumstances and follow court orders, many children are returned to the parents. If parents do not work to complete the court orders, and change the circumstances that brought the family to the attention of the court, it is likely that the court may terminate the parents’ rights after finding them unfit. After that, the children are eligible to be adopted, by relatives or others.

What happens to children placed in the custody of SRS?

Who represents the parents in court?

The parents are free to hire an attorney to represent them, or to ask the court to appoint an attorney.

Who represents the children in court?

The children’s interests are represented by an attorney called a guardian ad litem, who is appointed by the court.

What do I do if my child continues to run away from home?

You should always make a report to the police when your child leaves home without permission. This is the way that your child’s name gets into the police computer system so that an officer who comes into contact with your child knows what to do.

What happens when a runaway child is picked up by police?

Reported run away children picked up by police are taken to the Juvenile Intake and Assessment Center (JIAC). This is not the same as the detention center. The child will be interviewed about his/her home, and habits, school attendance, etc.

The parent(s) will be contacted to come and pick him/her up from JIAC, which is located at 6th and Tauromee. You can pick your child up or refuse. If you refuse, JIAC staff will make a report to SRS, and you will be contacted by an SRS worker. Call JIAC: (913) 621-3523 about the program.

SRS workers are trained to work with families to attempt to keep children out of the state’s custody. They have a service that they can offer, called Family Preservation Services. They may also be able to help in other ways. If your child goes into state’s custody (custody of SRS) and continues to run from his/her court ordered placement repeatedly, then the assistant district attorney assigned to the case may file a request to place your child in a secure place for at least (60) days, where intensive services are provided. This is a locked facility where the child cannot leave.

When can my child legally leave home?

Your child remains in your custody until age (18), until emancipated by court order, or placed in the custody of another person, or in the custody of the state, by a court order. Until then, you may place your child in a placement voluntarily, if you believe that is in the child’s best interest. For example, children sometimes go to Job Corps placement, or to live with relatives or friends with the consent of their parent or guardian.

When can I leave my child home alone?

There is no age set by law.

My child is out of control, whom do I contact?

Child Abuse - Adult Sexual Assault

To report child abuse call:

Counseling information for victim/survivors of sexual abuse:

Diversion Programs

If the juvenile is a first time misdemeanor offender, he or she may be eligible for a diversion program. If the juvenile successfully completes the diversion program, the case is dismissed without a finding of guilt.

The Drug, Theft & Criminal Damage

Operated by the Wyandotte County Court Services department. The length of the program is:

  • (3) months for the theft, and;
  • (6) months for the drug & criminal damage

The juvenile and family sign a contract which details the conditions of the diversion.

The contract requires the juvenile to complete:

  • education classes
  • remain crime and drug free
  • obey home and school rules
  • attend school or an alternative education program,
  • perform community service hours
  • pay restitution to the victim if there was a loss
  • pay court costs ($30) and a supervision fee ($25)

Intermediate Intervention

The Intermediate Intervention Diversion program is operated by Kaw Valley. Juveniles who commit misdemeanor crimes other than theft, criminal damage to property, drug or sex offenses are eligible for this program. It is a 6 month program with a contract and conditions similar to the other three diversion programs. A case manager monitors the juvenile’s compliance with the terms of the diversion contract.

The Intermediate Intervention Diversion program also has a youth court component. A juvenile may be referred by the case manager to youth court. Youth court is held on the first and third Tuesday’s of each month in the evening. Other juveniles act as the prosecutor, defense attorney and the jury. An assistant district attorney presides over the hearing and informs the jury of their duties as jurors. The juvenile has already admitted committing the crime, so guilt or innocence is not determined in youth court. Witnesses testify as to what happened and the prosecutor and defense attorney make recommendations to the jury as to what sentence should be imposed. The jury leaves the court room and deliberates on the sentence. When the jury returns to the courtroom, the jury foreperson informs the court of the recommended constructive sentence which then becomes a part of the juvenile's contract.

Domestic Violence

For information regarding a Protection from Abuse or Protection from Stalking order contact the Wyandotte County Civil Clerk’s Office at (913) 573-8190

Shelter Information

Counseling Information