In re J.L.

908 P.2d 629, 21 Kan. App. 2d 878, 1995 Kan. App. LEXIS 178
Court of Appeals of Kansas·Decided December 22, 1995·No. No. 73,895·Published·Cited by 6 cases

Opinion

Anderson, J.:

The Kansas Department of Social and Rehabilitation Services (SRS) appeals the trial court’s order requiring SRS to pay Ellsworth County the costs for holding J.L. at WaKeeney Detention Center.

In April 1994, J.L., a juvenile, was placed in SRS custody at St. Francis Academy of Ellsworth, Kansas. While in SRS custody, J.L. left St. Francis Academy and stole a car. On June 25, 1994, the Ellsworth County Sheriff arrested J.L. on car theft charges and placed him in WaKeeney Detention Center. On June 27, 1994, a detention hearing was held on the car theft charges in Ellsworth County in case No. 94-JV-21, and the Ellsworth County District Court ordered that J.L. be detained at WaKeeney Detention Center. On June 29, the Ellsworth County District Court adjudicated J.L. a juvenile offender and placed him in SRS custody. SRS again placed J.L. at St. Francis Academy.

On August 10, 1994, J.L. again left St. Francis Academy and stole a vehicle. The Ellsworth County Sheriff arrested him for the theft on that same day and detained him at WaKeeney Detention Center. On August 11, 1994, the Ellsworth County District Court held a detention hearing for the car theft charges in case No. 94-JV-35. The court ordered J.L. to be detained at WaKeeney Detention Center pending his trial. The trial for 94-JV-35 was held on August 24,1994, and J.L. was adjudicated a juvenile offender. The court ordered direct commitment to the Youth Center at Topeka. J.L. remained at WaKeeney Detention Center pending transportation to the Youth Center at Topeka. On September 1, 1994, the Ellsworth County Sheriff transported J.L. from WaKeeney Detention Center to the Youth Center.

In 94-JV-21, J.L. was detained for 2 days prior to the court entering a detention order. After the court entered a detention order, J.L. was detained for 2 additional days prior to the adjudication and disposition hearing. These 4 days of detention cost Ellsworth County $200 per day, totaling $800 for the 4 days.

[880] In 94-JV-35, J.L. was detained for 1 day prior to his detention hearing and was detained for 13 additional days until the date of his trial. Once J.L. was adjudicated a juvenile offender, there was a 7-day lag time between the trial and disposition order date and transportation to the Youth Center. Ellsworth County paid for 14 days of detention at $200 per day for a total of $2,800.

The Ellsworth County Attorney brought a motion requesting the Ellsworth County District Court to order SRS to reimburse the county for the expenses incurred in detaining J.L. at WaKeeney. The court found that J.L. remained in SRS custody during his period of detention and thus ordered SRS to reimburse the county for the following dates: from June 25, 1994, to June 29, 1994 (4 days), and from August 10, 1994, to August 24, 1994 (14 days). The court found that the expenses after August 24, 1994, should be paid for by the county because, at that point, J.L. was no longer in SRS custody. The court found SRS liable for $3,600 (18 days at $200 per day).

SRS appeals the trial court’s decision ordering it to reimburse the county for J.L.’s detention costs.

In order to decide the issues in this case, this court must interpret the relevant statutes from the Kansas Juvenile Offenders Code, K.S.A. 38-1601 et seq. “Interpretation of a statute is a question of law. An appellate court’s review of a question of law is unlimited.” Foulk v. Colonial Terrace, 20 Kan. App. 2d 277, Syl. ¶ 1, 887 P.2d 140 (1994), rev. denied 257 Kan. 1091 (1995).

In re C.C., 19 Kan. App. 2d 906, 907-08, 878 P. 2d 865, rev. denied 255 Kan. 1002 (1994), presented a similar issue. There, the trial court determined that if C.C. were placed in SRS custody, he would be placed in a foster home pending screening for Level VI placement, whereas he was presently in a Level VI facility in which he had the opportunity to remain. The trial court ordered C.C. to be placed in the St. Francis Academy’s custody and for SRS to pay.

SRS appealed the trial court’s order. On appeal, we held that once custody of a child is awarded to the Secretary, the court is not authorized under the Code for Care of Children or the Juvenile Offenders Code to order a specific placement of that child. We [881] further stated that the trial court’s making such an order in effect removed C.C. from SRS custody. 19 Kan. App. 2d at 909.

In determining whether SRS was responsible for the expenses for C.C., we looked to K.S.A. 38-1616(a), which states:

“(1) If a juvenile alleged or adjudged to be a juvenile offender is not eligible for assistance under K.S.A. 39-709 and amendments thereto, expenses for the care and custody of the juvenile shall be paid out of the general fund of the county in which the proceedings are brought ....
(2) When a law enforcement officer has taken a juvenile into custody as authorized by subsection (a) of K.S.A. 38-1624 and amendments thereto and delivered the juvenile to a person or facility, other than a juvenile detention facility, designated by the secretary or when custody of a juvenile is awarded to the secretary, the expenses of the care and custody of the juvenile may be paid by the secretary out of the state social welfare fund, subject to payment or reimbursement as required in subsection (b), even though die juvenile does not meet the eligibility standards of K.S.A. 39-709 and amendments thereto.” (Emphasis added.)

We found that C.C. was not eligible for assistance under K.S.A. 39-709, which sets out the eligibility requirements of applicants for and recipients of social welfare assistance. We also found that “C.C.’s placement in St. Francis was not designated by SRS nor did custody of C.C. remain with SRS at the close of the juvenile proceeding.” 19 Kan. App. 2d at 910. Thus, SRS was not liable for the expenses and care of C.C. at St. Francis. See In re D.J.K., 21 Kan. App. 2d 338, 899 P.2d 509 (1995).

In the present case, the law enforcement officer who took J.L. into custody had statutory authority to do so. See K.S.A. 38-1624(a). K.S.A. 38-1624(c) states:

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In re J.L., 908 P.2d 629, 21 Kan. App. 2d 878, 1995 Kan. App. LEXIS 178 (kanctapp 1995).

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