Kansas Attorney General Opinion 2016-019

November 21, 2016
ATTORNEY GENERAL OPINION NO. 2016-19
Eric R. Yost
Sedgwick County Counselor
525 North Main, Suite 359
Wichita, KS 67203-3731
Re: 	Minors—Revised Kansas Juvenile Justice Code—Juvenile Taken Into
Custody, When; Procedure
State 	Departments; 	Public 	Officers 	and 	Employees—Juvenile 	Justice
Authority—Juvenile 	Intake 	and 	Assessment 	System; 	Dispositional
Alternatives; Custody of Child; Conditions of Release
Synopsis: 	A juvenile intake and assessment center never obtains legal custody over
a juvenile brought to the center by a law enforcement officer. Cited herein:
K.S.A. 2016 Supp. 38-2201; 38-2202; 38-2301; 38-2302; 38-2330; 38-
2346; K.S.A. 75-7001; K.S.A. 2016 Supp. 75-7023; 77-201.
* 	* 	*
Dear Mr. Yost:
As Sedgwick County Counselor, you ask our opinion on the legal authority of a juvenile
intake and assessment center (JIAC) with respect to a juvenile brought to the JIAC by a
law enforcement officer. Specifically, you ask: “[d]oes JIAC ever obtain legal custody
that would permit JIAC to transport youth or make medical decisions?” For the reasons
described below, we believe the answer to your question is no.
The JIAC is a component of the juvenile justice system, and its role is outlined within the
Kansas Revised Juvenile Justice Code 1 and the statutes governing the Kansas Juvenile
1 K.S.A. 2016 Supp. 38-2301 et seq.

Eric Yost
Page 2
Justice Authority.2 None of those statutes define the legal term “custody,” so we
construe it according to its appropriate legal meaning, 3 which is “[t]he authority to make
significant decisions on a child’s behalf, including decisions about education, religious
training, and healthcare.”4 We also believe the definition found within K.S.A. 2016 Supp.
38-2202(h), 5 	though 	not 	controlling 	with 	respect 	to 	your 	question, 	is 	helpful 	in
understanding the general nature of legal custody:
“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.
A law enforcement officer is authorized to take a juvenile 6 into custody in certain
circumstances, such as when the juvenile commits any offense in the officer’s view. 7
When a juvenile is taken into custody by a law enforcement officer, the juvenile “shall be
brought without unnecessary delay to an intake and assessment worker if an intake and
assessment program exists in the jurisdiction . . . .”8 When a law enforcement officer
delivers a juvenile to an intake and assessment worker, that officer has a duty to furnish
the intake and assessment worker “with all of the information in the officer's possession
pertaining to the juvenile, the juvenile's parent 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.”9
The JIAC’s duties are prescribed by K.S.A. 2016 Supp. 75-7023. Once a juvenile taken
into custody by a law enforcement officer is brought to the JIAC, an intake and
assessment worker “shall complete the intake and assessment process, making release
2 K.S.A. 75-7001 et seq.
3 See K.S.A. 2016 Supp. 77-201 Second (“Words and phrases shall be construed according to the
context and the approved usage of the language, but technical words and phrases, and other words and
phrases that have acquired a peculiar and appropriate meaning in law, shall be construed according to
their peculiar and appropriate meanings.”).
4 Black’s Law Dictionary (10 th Ed. 2014) (defining “legal custody”).
5 This statute is part of the Revised Kansas Code for Care of Children, K.S.A. 2016 Supp. 38-2201 et
seq., which governs the procedures for child in need of care (CINC) cases, and does not apply to the
Kansas Revised Juvenile Justice Code.
6 Under the Kansas Revised Juvenile Justice Code, “juvenile” means “a person to whom one or more of
the following applies, the person: (1) Is 10 or more years of age but less than 18 years of age; (2) is
alleged to be a juvenile offender; or (3) has been adjudicated as a juvenile offender and continues to be
subject to the jurisdiction of the court.” K.S.A. 2016 Supp. 38-2302(n).
7 K.S.A. 2016 Supp. 38-2330(a). Other circumstances include when the law enforcement officer has a
warrant commanding that the juvenile be taken into custody, and when the officer has probable cause to
believe the juvenile has committed an act which, if committed by an adult, would constitute a felony. See
K.S.A. 2016 Supp. 38-2330(a)(2) and (a)(4)(A).
8 K.S.A. 2016 Supp. 38-2330(d)(1). “‘Juvenile intake and assessment worker’ means a responsible adult
trained and authorized to perform intake and assessment services as part of the intake and assessment
system established pursuant to K.S.A. 75-7023, and amendments thereto.” K.S.A. 2016 Supp. 38-
2302(r).
9 K.S.A. 2016 Supp. 38-2330(d)(2).

Eric Yost
Page 3
and referral determinations . . . .”10 The juvenile intake and assessment worker is
required to collect certain information from the juvenile, including the juvenile’s criminal
history, abuse history, substance abuse history, and the results of any assessment
instruments. 11
After completion of the intake and assessment process for such juvenile, the intake and
assessment worker “may”12 unconditionally release the juvenile to the custody of the
juvenile’s parent, legal guardian or “another appropriate adult;”13 conditionally release
the juvenile to the custody of the juvenile’s parent, legal guardian or another appropriate
adult if the worker believes that it would be in the child’s best interest so long as certain
conditions are met;14 or deliver the juvenile to a shelter facility or licensed attendant care
facility. 15
If the intake and assessment worker determines that release to a shelter or licensed
attendant care facility is appropriate, the juvenile shall be delivered “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 enforcement officer . . . .”16
The JIAC worker may also “[r]efer the child 17 to the county or district attorney for
appropriate proceedings to be filed or refer the child and family to the secretary for
children and families for investigations in regard to the allegations” 18 and/or “[m]ake
recommendations to the county or district attorney concerning immediate intervention
programs which may be beneficial to the juvenile.” 19 If the jurisdiction has in place a
written agreement between the court, the county or district attorney, and the JIAC
director that establishes immediate intervention programs by which a juvenile may avoid
prosecution, a JIAC worker may also be authorized to take other action prescribed by
statute.20
10 K.S.A. 2016 Supp. 75-7023(c).
11 K.S.A. 2016 Supp. 75-7023(d).
12 K.S.A. 2016 Supp. 75-7023(e). Effective January 1, 2017, this statute states that the JIAC worker “shall
make both a release and a referral determination . . . .” See L. 2016, Ch. 102, § 22 (emphasis added).
13 K.S.A. 2016 Supp. 75-7023(e)(1).
14 K.S.A. 2016 Supp. 75-7023(e)(2).
15 K.S.A. 2016 Supp. 75-7023(e)(3).
16 Id.
17 K.S.A. 2016 Supp. 75-7023 uses the terms “juvenile” and “child” interchangeably.
18 K.S.A. 2016 Supp. 75-7023(e)(4).
19 K.S.A. 2016 Supp. 75-7023(e)(5). Effective January 1, 2017, the JIAC worker is required to refer the
juvenile’s case to an immediate intervention program; the county or district attorney; or the secretary for
children and families. See L. 2016, Ch. 102, § 22.
20 Local immediate intervention programs may be developed to allow a JIAC worker to make direct
referrals to those programs, issue a summons directing the juvenile to appear before the court, directly
purchase services for the juvenile and the juvenile’s family, and direct the release of a juvenile prior to a
detention hearing if the JIAC worker has reason to believe the juvenile will appear for further proceedings
and is not dangerous to self or others. K.S.A. 2016 Supp. 38-2346 (a)(1) through (4).

Eric Yost
Page 4
The above summarizes the authority and duties of the JIAC. Notably, no provision of the
Kansas Revised Juvenile Justice Code or K.S.A. 2016 Supp. 75-7023 ever grants the
JIAC custody over a juvenile delivered to the center for intake and assessment. The
only authority for the JIAC to transport a juvenile is found within K.S.A. 2016 Supp. 75-
7023(e)(3), which allows the JIAC to “deliver” the juvenile to a shelter or licensed
attendant care facility. No statute authorizes the JIAC to make decisions concerning
medical care and treatment for the juvenile.
Rather, the JIAC’s role is temporary and limited to assessing the circumstances of each
individual juvenile, determining which placement and referral option is in the best
interest of that juvenile, and, if applicable, taking limited action as permitted by a local
immediate intervention agreement. Accordingly, in the absence of a statute to the
contrary, it is our opinion that a JIAC never obtains custody over a juvenile delivered to
the JIAC by a law enforcement officer.
Sincerely,
Derek Schmidt
Attorney General
Sarah Fertig
Assistant Attorney General
DS:AA:SF:sb