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HOUSE BILL No. 2029—page 32 (2) When any law enforcement officer takes into custody any child as provided in K.S.A. 38-2231(b)(3), and amendments thereto, the law enforcement officer shall place the child in protective custody and may deliver the child to a staff secure facility. The law enforcement officer shall contact the department for children and families to begin an assessment to determine safety, placement and treatment needs for the child. Such child shall not be placed in a secure facility, except as authorized by this section and by K.S.A. 38-2242, 38-2243 and 38- 2260, and amendments thereto. (3) When any law enforcement officer takes into custody any child as provided in K.S.A. 38-2231(b)(4), and amendments thereto, the law enforcement officer shall place the child in protective custody and may deliver the child to a juvenile stabilization center. Such child shall not be placed in a juvenile detention facility or other secure facility. (c) Whenever a child under the age of 18 years is taken into custody by a law enforcement officer without a court order and is thereafter placed as authorized by subsection (a), the facility or person shall, upon written application of the law enforcement officer, have physical custody and provide care and supervision for the child. The application shall state: (1) The name and address of the child, if known; (2) the names and addresses of the child's parents or nearest relatives and persons with whom the child has been residing, if known; and (3) the officer's belief that the child is a child in need of care and that there are reasonable grounds to believe that the circumstances or condition of the child is such that the child would be harmed unless placed in the immediate custody of the shelter facility or other person. (d) A copy of the application shall be furnished by the facility or person receiving the child to the county or district attorney without unnecessary delay. (e) The shelter facility or other person designated by the court who has custody of the child pursuant to this section shall discharge the child not later than 72 hours following admission, excluding Saturdays, Sundays, legal holidays, and days on which when the office of the clerk of the court is not accessible, unless a court has entered an order pertaining to temporary custody or release. (f) In absence of a court order to the contrary, the county or district attorney or the placing law enforcement agency shall have the authority to direct the release of the child at any time. (g) When any law enforcement officer takes into custody any child as provided in K.S.A. 38-2231(d), and amendments thereto, the child shall promptly be delivered to the school in which where the child is enrolled, any location designated by the school in which where the child is enrolled or the child's parent or other custodian. Sec. 10. K.S.A. 38-2242, as amended by section 2 of 2025 House Bill No. 2329, is hereby amended to read as follows: 38-2242. (a) The court, upon verified application, may issue ex parte an order directing that a child be held in protective custody and, if the child has not been taken into custody, an order directing that the child be taken into custody. The application shall state for each child: (1) The applicant's belief that the child is a child in need of care; (2) that the child is likely to sustain harm if not immediately removed from the home; (3) that allowing the child to remain in the home is contrary to the welfare of the child; and (4) the facts relied upon to support the application, including efforts known to the applicant to maintain the family unit and prevent the unnecessary removal of the child from the child's home, or the specific facts supporting that an emergency exists which that threatens the safety of the child. (b) (1) The order of protective custody may be issued only after the court has determined there is probable cause to believe the