K.S.A. » Chapter 38
Kansas Statutes Annotated

K.S.A. § 38-801 (2026)

✓ current as of May 2026
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38-801.

History: L. 1957, ch. 256, § 1; L. 1976, ch. 207, § 1; L. 1979, ch. 122, § 1; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.

CASE ANNOTATIONS

1. Provisions of juvenile code are to be liberally construed for best interests of child. Lennon v. State, 193 Kan. 685, 689, 396 P.2d 360.

2. Original juvenile court act mentioned in holding exercise of power to be exercise of parental power of state; proceedings hereunder not criminal. State v. Fountaine, 196 Kan. 638, 643, 414 P.2d 75.

3. Jurisdictional limits of juvenile court determines if act is criminal or delinquent. State v. Augustine, 197 Kan. 207, 209, 416 P.2d 281.

4. Juvenile code as amended in 1965 mentioned as a "misconceived act" which has placed a "tremendous stumbling block in the path of our judiciary to administer justice expeditiously." (Concurring opinion.) In re Long, 202 Kan. 216, 219, 448 P.2d 25.

5. Applied; K.S.A. 38-808(b) apparently not complied with; no substantial evidence for finding boys not amenable; reversed and remanded. In re Patterson, Payne and Dyer, 210 Kan. 245, 251, 499 P.2d 1131.

6. State has no right of appeal from juvenile court order declining to waive its original jurisdiction. In re Waterman, 212 Kan. 826, 830, 512 P.2d 466.

7. Constitutional provisions relating to right to confront and cross-examine witnesses (U.S. Constitution, Amendment 6, Kansas Constitution Bill of Rights, Section 10) takes precedence over statutory provisions against disclosure of records. State v. Wilkins, 215 Kan. 145, 147, 148, 523 P.2d 728.

8. Applied; evidence of events subsequent to filing petition for termination of parental rights admissible; findings upheld. In re Nelson, 216 Kan. 271, 275, 531 P.2d 48.

9. Act not deprival of equal protection of laws because of differentiation between boys sixteen and eighteen years of age. State v. Green, 218 Kan. 438, 442, 544 P.2d 356.

10. Detention of juvenile and denial of bail did not contravene federal or state constitutions; no right to bail under code. Pauley v. Gross, 1 Kan. App. 2d 736, 739, 742, 574 P.2d 234.

11. Cited; court authorized to take judicial notice of juvenile file. Beebe v. Chavez, 226 Kan. 591, 593, 602 P.2d 1279.

12. Liberal construction applied to K.S.A. 38-824(b)(2); court may commit child as best serves the child's welfare and state's interest. In re Collins, 3 Kan. App. 2d 585, 587, 598 P.2d 1075.

13. Applied; rights of one parent may be severed under code even though both parents of deprived child are living. In re Wheeler, 3 Kan. App. 2d 701, 703, 601 P.2d 15.

14. Term "unfit" in K.S.A. 38-824(c) not unconstitutionally vague, nor does statute violate constitution for failure to incorporate doctrine of least restrictive alternative. In re Brooks, 228 Kan. 541, 548, 618 P.2d 814.

15. Section cited in determining that parents have right to counsel in some deprived child actions. In re Cooper, 230 Kan. 57, 59, 631 P.2d 632 (1981).

16. Child held to be a deprived child even though the child was never in parent's custody. In re Price, 7 Kan. App. 2d 477, 482, 644 P.2d 467 (1982).

17. Juvenile code establishes its own procedure, apart from code of civil procedure. In re Woodard, 231 Kan. 544, 646 P.2d 1105 (1982).

18. Cited in holding adult convictions reversed for failure to follow juvenile code; no district court jurisdiction. State v. Breedlove, 285 Kan. 1006, 1011, 179 P.3d 1115 (2008).

19. Father's expenditure of child's settlement money for needs and desires of child upheld. In re Tatro, 387 B.R. 833, 840 (2008).


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Notes of Decisions
Cited in 15 cases, 1966–2008 · leading case: State Ex Rel. Londerholm v. Owens, 416 P.2d 259 (Kan. 1966).
Sort: Relevance Newest Treatment
State Ex Rel. Londerholm v. Owens, 416 P.2d 259 (Kan. 1966). · cites it 5× “: This is an appeal by the judge of the juvenile court of Sedgwick County, Kansas, (defendant-appellant) from an order of mandamus issued by the district court compelling him to accept jurisdiction over 16 and 17-year-old boys who appear to *213 be delinquent, miscreant or…”
State v. Breedlove, 179 P.3d 1115 (Kan. 2008). “He claimed that the district court had no jurisdiction to charge him or to accept his guilty plea; it only had jurisdiction to proceed under the Kansas Juvenile Code, K.S.A. 38-801 et seq. (Weeks), later supplanted by the Kansas Juvenile Offenders Code.”
Pauley Ex Rel. Hornbaker v. Gross, 574 P.2d 234 (Kan. Ct. App. 1977). · cites it 2× “38-801 as follows: “This act [juvenile code] shall be liberally construed, to the end that each child coming within its provisions shall receive such care, custody, guidance, control and discipline, preferably in the child’s own home, as will best serve the child’s welfare and…”
Beebe v. Chavez, 602 P.2d 1279 (Kan. 1979). · cites it 2× “See K.S.A. 1978 Supp. 38-801 et seq., and chapter 59 of the Kansas Statutes Annotated, as amended.”
In re Price, 644 P.2d 467 (Kan. Ct. App. 1982). “K.S.A. 38-801 does not materially differ from G.”
In the Interest of Brooks, 618 P.2d 814 (Kan. 1980). “K.S.A. 1979 Supp. 38-801 provides: “38-801.”
State v. Mayfield, 738 P.2d 861 (Kan. 1987). · cites it 2× “Mayfield asserted that the court had jurisdiction to proceed only under the Kansas juvenile code, K.S.A. 1977 Supp. 38-801 et seq., and lacked jurisdiction to proceed with criminal charges against him for a criminal violation.”
State Ex Rel. O'Sullivan v. Heart Ministries, Inc., 607 P.2d 1102 (Kan. 1980). “This court early gave voice to the public feeling in this regard. Speaking for the court in the case of In re Bullen, 28 Kan.”
In the Interest of Wheeler, 601 P.2d 15 (Kan. Ct. App. 1979). “The underlying consideration in implementation of the juvenile code is the child’s welfare and the best interests of the state with the judicial acts under the code to be performed in the exercise of the parental power of the state.”
In Re Patterson, Payne & Dyer, 499 P.2d 1131 (Kan. 1972). “” (K.S.A. 38-801.) It may well be that such further exploration will result in no new discoveries.”
In Re Seelke, 680 P.2d 288 (Kan. 1984). “K.S.A. 38-801 et seq. (since repealed). That stipulation was in response to a social worker’s report that the two children had sustained injuries as a result of excessive discipline by Mrs.”
In the Interest of Shelton, 654 P.2d 487 (Kan. Ct. App. 1982). “K.S.A. 38-801 provides in part: “This act shall be liberally construed, to the end that each child coming within its provisions shall receive such care, custody, guidance, control and discipline, preferably in the child’s own home, as will best serve the child’s welfare and the…”
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Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.