Rule 3.520 - Juvenile Placement Alternative Task Force This district court rule establishes the Shawnee County Juvenile Placement Alternative Task Force (Task Force). The purpose of the Task Force shall be to develop and implement procedures to assist Shawnee County in ensuring that the resident population a the Shawnee County Juvenile Detention Center (SCJDC) remains within its licensed capacity by ensuring that placement at the SCJDC is reserved for juveniles for whom secure detention is clearly indicated.
1. Members of the Task Force shall be the administrative judge of the Third Judicial District, or his or her designee, who shall chair the Task Force, the director of the Shawnee County Department of Corrections, and the Commissioner of the Juvenile Justice Authority, or their designees. In addition, the chair shall also appoint an educator, a mental health professional, an at-large member of the community, a juvenile judge from the Third Judicial District, and a juvenile advocate or agency representatives to provide it with information or to otherwise participate in its function. 2. The Chair shall convene the Task Force as necessary. The Task Force may establish its own rules and procedures and may create subcommittees to perform delegated functions. 3. The role of the Task Force shall be to monitor resident population levels at the Shawnee County Juvenile Detention Center to ensure that detention at the Shawnee County Juvenile Detention Center is restricted and available only to those children for whom secure detention is clearly indicated. 4. Whenever the number of children detained at the Shawnee County Juvenile Detention Center reaches its licensed capacity, the Director of the Shawnee County Department of Corrections, or his or her designee, shall notify the Chair of the Task Force of that fact, who shall then convene a meeting of the Task Force. The Task Force shall: a. Review and screen the resident population to determine which, if any, residents may be released. b. Prepare a list of residents who the Task Force reasonably believes: (1) may be released as the juvenile is not dangerous to self or others and is likely to appear for further proceedings pursuant to K.S.A. 38-1632 and 38-1640; (2) could be placed in the custody of a parent or other suitable person or youth residential facility pursuant to K.S.A. 38-1632, or other appropriate placement; or (3) could be placed in the custody of the Commissioner of the Juvenile Justice Authority pursuant to K.S.A. 38-1632. 5. From the above-mentioned list, the Task Force shall prepare recommendations of juveniles who may be considered for release from the Shawnee County Juvenile Detention Center. These recommendations shall be presented to the judge who is responsible for issuing orders for detention at the Shawnee County Juvenile Detention Center. If the judge finds that the recommended release of a juvenile from the Shawnee County Juvenile Detention Center would be appropriate, the judge shall enter an order releasing the juvenile, based on the criteria set forth in subsections (b)(1) and (b)(2) of paragraph four above. If the judge finds that the recommended release of a juvenile from the Shawnee County Detention Center would not be appropriate, the matter shall be submitted to the District Administrative Judge for final resolution. The judge may also order that the juvenile be placed in the custody of the Commissioner of the Juvenile Justice Authority and/or Kansas Juvenile Justice Authority, pursuant to subsection (b) (3) of paragraph four above, which shall then be responsible for securing an alternative placement for the juvenile. Prior to the dispositional order, however, no juvenile alleged to be a juvenile offender who is ordered to be detained at the Juvenile Detention Center shall be placed in the custody of the Commissioner of Juvenile Justice Authority, except for the purpose of securing the provision of medical or psychological services for such juvenile. If such a placement is made, the Court shall make specific findings of fact upon which the decision is based.
6. The Task force shall develop clear criteria for secure detention at the Shawnee County Juvenile Detention Center, consistent with the provisions of K.S.A. 38-1624 and 38-1640, and shall develop an objective Risk Assessment and Screening Instrument for use in determining the need for secure detention at the Shawnee County Juvenile Detention Center. These admission criteria and Risk Assessment and Screening Instrument shall be utilized by the judges of the Third Judicial District in determining the need for secure detention of juveniles alleged to be juvenile offenders or children in need of care. A copy of the Risk Assessment and Screening Instrument currently in use is set out in Appendix A. The Task Force shall have the continuing responsibility for reviewing and modifying, as necessary, the Risk Assessment and Screening Instrument, in order to ensure its adequacy to maintain population levels at the Shawnee County Juvenile Detention Center within the limits established by law. Screening of juveniles for whom admission to the Shawnee County Juvenile Detention Center is sought without a court order of detention will be performed by trained juvenile intake service personnel presently located at the Children and Adolescent Assessment Center, using the above-referenced Risk Assessment and Screening Instrument. In the event that the Kansas Children's Service League is no longer able or willing to perform this screening, the Administrative Judge of the Third Judicial District shall designate another entity to perform this function. 7. The Task Force shall review the existence of other, less restrictive, placement alternatives to secure detention in Shawnee County and determine the need, if any, for the creation of additional alternatives to secure detention. Such alternatives may include, but are not limited to, home detention, electronic monitoring, intensive supervised probation, day reporting, group homes and foster homes. The conclusions and recommendations of the Task Force shall be presented to the Board of County Commissioners of the County of Shawnee, Kansas and the Commissioner of the Juvenile Justice Authority for their consideration. 8. The Task Force shall consider ways to expedite the movement of children through the juvenile court system and thereby reduce the length of time spent by children in temporary secure detention. The conclusions and recommendations of the Task Force shall be presented to all affected parties for their consideration and shall be adopted and implemented, as appropriate, by the judges in the Third Judicial District. 10-14-98