Kansas Statutes Annotated

K.S.A. § 38-802 (2026)

✓ current as of May 2026

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38-802.

History: L. 1957, ch. 256, § 2; L. 1965, ch. 278, § 1; L. 1970, ch. 165, § 2; L. 1971, ch. 150, § 1; L. 1973, ch. 184, § 1; L. 1975, ch. 33, § 7; L. 1976, ch. 207, § 2; L. 1978, ch. 158, § 1; L. 1979, ch. 122, § 2; L. 1980, ch. 122, § 1; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.

Notes of Decisions

Cited in 43 cases, 1966–1995 · leading case: In the Interest of Cooper, 631 P.2d 632 (Kan. 1981).

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In the Interest of Cooper, 631 P.2d 632 (Kan. 1981). · cites it 6× “The definition of a deprived child is found in K.S.A. 1980 Supp. 38-802( g ): "( g ) `Deprived child' means a child less than eighteen (18) years of age: "(1) Who is without proper parental care or control, subsistence, education as required by law or other care or control…”

In re Price, 644 P.2d 467 (Kan. Ct. App. 1982). · cites it 4× “” Thus, the father in this case posits the issue by asking: Can a child who has never been in his parents’ custody be a deprived child? Statutory definition of a deprived child appears in K.S.A. 38-802(g) where it is said: “(g) ‘Deprived child’ means a child less than eighteen…”

In Re Lett & Jackson, 640 P.2d 1294 (Kan. Ct. App. 1982). · cites it 4× “On December 5, 1978, LaRonda was found to be a deprived child pursuant to K.S.A. 1980 Supp. 38-802( g )(3), on the basis of evidence to the effect that Ronald Lett had physically abused the child on November 3, 1978, when she was three months old.”

State Ex Rel. Londerholm v. Owens, 416 P.2d 259 (Kan. 1966). · cites it 4× “" Section 2 of the act, with certain exceptions, confers upon the juvenile court of each county of this state exclusive original jurisdiction in proceedings concerning the person of a child living or found within the county who appears to be delinquent, miscreant, wayward, a…”

In Re Armentrout, 485 P.2d 183 (Kan. 1971). · cites it 3× “: This case originated in the juvenile court of Ford County pursuant to the provisions of the Juvenile Code (K.S.A. 38-802, et seq., [now 1970 Supp.]).”

In Re Mary P., 701 P.2d 681 (Kan. 1985). · cites it 2× “60-460(dd) states an exception to the rule against the use of hearsay testimony, applicable in three types of proceedings: in a criminal proceeding; in a proceeding to determine if a child is a deprived child (K.S.A. 38-802[g], repealed L. 1982, ch. 182); and in a proceeding to…”

Beebe v. Chavez, 602 P.2d 1279 (Kan. 1979). · cites it 2× “" The wording is taken almost verbatim from the statutory definition of a dependent and neglected child contained in K.S.A. 38-802( g ). There is no showing that the petitioner had any personal knowledge of the "facts" therein recited, or that any investigation was made by the…”

In Re Reed, 663 P.2d 675 (Kan. Ct. App. 1983). · cites it 2× “Mason found the children to be deprived, as that term is defined in K.S.A. 38-802( g ). The court's journal entry of that date made the children wards of the court and placed them in the custody of the Kansas Department of Social and Rehabilitation Services.”

In the Interest of Brooks, 618 P.2d 814 (Kan. 1980). “A deprived child is defined in K.S.A. 1979 Supp. 38-802(g) as follows: “(g) ‘Deprived child’ means a child less than eighteen (18) years of age: “(1) Who is without proper parental care or control, subsistence, education as required by law or other care or control necessary for…”

State v. Mayfield, 738 P.2d 861 (Kan. 1987). · cites it 2× “38-806(a), proceedings concerning any ‘delinquent child’ (defined in K.S.A. 38-802(b) as a child less than 18 years old who does an act which would be punishable as a felony under the criminal code) are to be governed by the provisions of the juvenile code.”

In the Interest of Kerns, 594 P.2d 187 (Kan. 1979). “K.S.A. 38-802(g), in effect at the time, provided: “(g) ‘Dependent and neglected child’ means a child less than eighteen (18) years of age: “(1) Whose parent neglects or refuses, when able so to do, to provide proper or necessary support and education required by law, or other…”

In Re Geisler, 610 P.2d 640 (Kan. Ct. App. 1980). · cites it 5× “The respondent complains that under the stipulation submitted by the parties to the district court On appeal, the State failed to prove beyond a reasonable doubt all the elements of the crime of assault.”

Show all 43 citing cases →

— K.S.A. § 38-802(b) — 2 cases

State v. Mayfield, 738 P.2d 861 (Kan. 1987). “38-806(a), proceedings concerning any ‘delinquent child’ (defined in K.S.A. 38-802(b) as a child less than 18 years old who does an act which would be punishable as a felony under the criminal code) are to be governed by the provisions of the juvenile code.”

United States v. Mayfield, 628 F. Supp. 1515 (D. Kan. 1986).

— K.S.A. § 38-802(b)(l) — 1 case

— K.S.A. § 38-802(c) — 1 case

State v. Seymour, 612 P.2d 1248 (Kan. Ct. App. 1980).

— K.S.A. § 38-802(c)(1) — 1 case

In Re Geisler, 610 P.2d 640 (Kan. Ct. App. 1980). “The respondent complains that under the stipulation submitted by the parties to the district court On appeal, the State failed to prove beyond a reasonable doubt all the elements of the crime of assault.”

— K.S.A. § 38-802(c)(l) — 1 case

— K.S.A. § 38-802(e) — 3 cases

State v. Frazier, 811 P.2d 1240 (Kan. 1991).

In the Interest of Hockenbury, 680 P.2d 561 (Kan. Ct. App. 1984).

State v. Seymour, 612 P.2d 1248 (Kan. Ct. App. 1980).

— K.S.A. § 38-802(g) — 15 cases

In re Price, 644 P.2d 467 (Kan. Ct. App. 1982). “” Thus, the father in this case posits the issue by asking: Can a child who has never been in his parents’ custody be a deprived child? Statutory definition of a deprived child appears in K.S.A. 38-802(g) where it is said: “(g) ‘Deprived child’ means a child less than eighteen…”

In the Interest of Cooper, 631 P.2d 632 (Kan. 1981). “The definition of a deprived child is found in K.S.A. 1980 Supp. 38-802( g ): "( g ) `Deprived child' means a child less than eighteen (18) years of age: "(1) Who is without proper parental care or control, subsistence, education as required by law or other care or control…”

Beebe v. Chavez, 602 P.2d 1279 (Kan. 1979). “" The wording is taken almost verbatim from the statutory definition of a dependent and neglected child contained in K.S.A. 38-802( g ). There is no showing that the petitioner had any personal knowledge of the "facts" therein recited, or that any investigation was made by the…”

— K.S.A. § 38-802(g)(1) — 4 cases

Wilson & Walker v. State, 630 P.2d 1102 (Kan. 1981).

In the Interest of Zappa, 631 P.2d 1245 (Kan. Ct. App. 1981).

In Re Rc, 21 Kan. App. 2d 702 (Kan. Ct. App. 1995).

— K.S.A. § 38-802(g)(3) — 3 cases

In Re Lett & Jackson, 640 P.2d 1294 (Kan. Ct. App. 1982). “On December 5, 1978, LaRonda was found to be a deprived child pursuant to K.S.A. 1980 Supp. 38-802( g )(3), on the basis of evidence to the effect that Ronald Lett had physically abused the child on November 3, 1978, when she was three months old.”

In the Interest of Dodge, 655 P.2d 135 (Kan. Ct. App. 1982).

Nunn v. Morrison, 608 P.2d 1359 (Kan. 1980).

— K.S.A. § 38-802(g)(5) — 1 case

In the Interest of Atwood, 587 P.2d 1 (Kan. Ct. App. 1978).

— K.S.A. § 38-802(g)(l) — 5 cases

In the Interest of Shelton, 654 P.2d 487 (Kan. Ct. App. 1982).

In the Interest of Dodge, 655 P.2d 135 (Kan. Ct. App. 1982).

In the Interest of R.C., 907 P.2d 901 (Kan. Ct. App. 1995).

In the Interest of Cooper, 631 P.2d 632 (Kan. Ct. App. 1980).

— K.S.A. § 38-802(h) — 1 case

In the Interest of Baby Boy Bryant, 689 P.2d 1203 (Kan. Ct. App. 1984).

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.