Waiver of counsel, 2014
A juvenile must have a consultation with either a parent or an attorney before he or she may waive the right to counsel.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Kansas, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings. In Kansas, by statute, when the juvenile is less than 14 years of age, no admission or confession resulting from interrogation while in custody or under arrest can be admitted into evidence unless the confession or admission was made following a consultation between the juvenile's parent or attorney as to whether the juvenile will waive the right to an attorney and the right against self-incrimination. It is the duty of the facility where the juvenile has been delivered to make a reasonable effort to contact the parent immediately upon the juvenile's arrival unless the parent is the alleged victim or alleged co-defendant of the crime under investigation. When a parent is the alleged victim or alleged co-defendant of the crime under investigation and the juvenile is less than 14 years of age, no admission or confession can be admitted into evidence unless the confession or admission resulting from interrogation while in custody or under arrest was made following a consultation between the juvenile and an attorney, or a parent who is not involved in the investigation of the crime, as to whether the juvenile will waive the right to an attorney and the right against self-incrimination. It is the duty of the facility where the juvenile has been delivered to make reasonable effort to contact a parent who is not involved in the investigation of the crime immediately upon such juvenile's arrival.
Indigency requirements, 2013
Organized at the local level (county/judicial district)
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
Kansas indigency law is governed by juvenile statutes and adult statutes which provide for a determination of indigency. Indigent defense training is available for appointed counsel. Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
In Kansas, the juvenile code (of statutes) includes provisions for youth “incompetent for adjudication as a juvenile offender”, which aligns with the Dusky standard. Juveniles found incompetent must be committed for further evaluation and treatment for up to 90 days, when the Chief Medical Officer of the institution must certify whether the youth is likely to attain competency. Treatment can continue (if likely to attain competency) for up to 6 months. If competency is not attained in that time period, the court will order either the county or district attorney to commence proceedings for Mentally Ill Persons, Sexually Violent Predators, and/or Persons with Alcohol or Substance Abuse Problem as necessary.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity