Juvenile Offender cases in Lyons, KS , Hutchinson, KS
In Kansas, rather than charge a juvenile with a felony, or a misdemeanor, the law says that the juvenile is "charged with an offense which if committed by an adult would constitute" a felony, or misdemeanor. Instead of saying that the juvenile has been "convicted" the law says that the juvenile has been "adjudicated" as a juvenile offender.
There was a time when we treated our juvenile offenders differently than we treated our adult offenders. While Kansas still uses different language for juveniles than for adults, those times have passed. In Kansas, we now treat our juvenile offenders so similar to how we treat our adult offenders that only just a few years ago did the Courts finally provide that a juvenile offender has the same right to a jury trial as an adult.
Even though some of the language is different, it is important to know that some juvenile adjudications (convictions) will stick with you, or your child, longer than other adjudications (convictions). In other words, some juvenile adjudications (convictions) will decay (no longer be considered a part of your criminal history) at a certain age while others remain a part of your adult criminal history forever.
A child in need of care case can be filed for something as simple as a child's failure to adequately attend school. Sometimes a child in need of care case is filed because a child is willfully absent from the home without the consent of a parent or guardian. However, more often a child in need of care case has been filed because the Kansas Department of Children and Families, a County or District Attorney, a family member, or even just a concerned citizen believe that the child has been physically, emotionally, or sexually abused; the child has been abandoned; the child is without the care or control necessary for the child's physical, mental or emotional health; or for other reasons provided by the Kansas statutes.
In most cases the County Attorney files a CINC petition. However, in Kansas, anybody may file a Child in Need of Care petition. This includes parents, grandparents, or non-family members who have personal knowledge that qualifies a child as a child in need of care. If you are a concerned family member, I can assist you in filing a Child in Need of Care petition.
In many cases, a child in need of care case involves removing a child, or children, from their home and their parents. Most cases end with the child or children being returned home. In unfortunate cases, parents can have their parental rights terminated and their children placed for adoption.
As a parent, if you qualify financially, the Court will appoint you an attorney to protect your fundamental right to be a parent. As a grandparent, the Court may appoint you an attorney. As a prosecutor, I prosecuted CINC cases on behalf of the State of Kansas. Whether you are a parent fighting to get your child or children returned to you, or a grandparent who wants to help both your child and your grandchild, I can help you navigate through your CINC case for a successful resolution.