P Kansas » Juvenile defense

Defense structure, 2017

• Organization

  Localized

• Oversight

  Full oversight

Kansas provides counsel to indigent youth at the county level. Visit the National Juvenile Defender Center's Kansas state profile for more details.

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.

• Age

  Under 14

• Crime

  No restrictions

• Hearing

  No restrictions

• Placement

  No restrictions

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.

• Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Indigency determination: Judicially

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.

Collateral consequences, 2014

Trend of legal counsel