In the Interest of A.T.K.
In the Interest of A.T.K.
Opinion of the Court
This appeal presents an issue regarding the proper venue for the dispositional proceedings in a case involving a juvenile offender.
Respondent A.T.K., Jr., was adjudicated a juvenile offender in Johnson County in August 1984. The adjudicating court went on to render disposition in the matter and the respondent appealed contending that venue for the disposition did not lie in Johnson
The administration of cases brought under the juvenile offenders code is divided into two stages — the adjudicatory stage and the dispositional stage. Venue for adjudicatory proceedings lies in the county in which the act of the alleged offense was committed. K.S.A. 1985 Supp. 38-1605(a). By contrast, venue for dispositional proceedings is governed by the following provisions:
“(b) Except as provided in subsection (c), venue for dispositional proceedings in any case involving a juvenile alleged to be a juvenile offender shall be in the county of the juvenile’s residence or, if the juvenile is not a resident of this state, in the county where the alleged offense was committed. When the dispositional hearing is to be held in a county other than the county where the alleged offense was committed, the adjudicating judge shall transmit the record of the adjudicatory hearing, and recommendations as to disposition, to the court where the dispositional hearing is to be held.
“(c) If the adjudicatory hearing is held in a county other than the county of the juvenile’s residence, the dispositional hearing may be held in the county in which the adjudicatory hearing is held if the adjudicating judge, upon motion by the complainant or any person authorized to appeal, finds that it is in the best interests of the juvenile offender and the community that the dispositional hearing be held in the county where the act was committed.” (Emphasis added.) K.S.A. 1985 Supp. 38-1605(b) and (c).
The divergence in the statutory treatment of venue for the two stages of a juvenile offender proceeding reflects the differences in the purpose of the procedural stages. The adjudicatory phase of the proceeding is concerned with whether there is proof that
It was determined in the earlier appeal of this case that the respondent’s residence is in Franklin County. For the Johnson County District Court in which respondent was adjudicated to be a juvenile offender to also be the locus of the dispositional decision, the court had to find that it would be in the best interests of the juvenile and community for it to impose disposition. No such finding was made; the court simply found that the disposition imposed earlier continued to be in the juvenile’s best interests. Therefore, in the absence of such a finding, the district court’s retention of venue for the purposes of disposition was erroneous.
In considering the best interests of the juvenile and the community for the purposes of deciding whether the adjudicating court had proper venue to hold a dispositional hearing, the court should consider the juvenile’s past, present and future contacts with both his resident county and the county in which the offense took place. Since the aim of the disposition should be to place the juvenile in a situation which will best serve both his rehabilitation needs and the protection of the community, the
The judgment of the trial court is vacated and the matter is remanded for a finding whether it is in the best interests of the juvenile offender and community that the dispositional hearing be held in Johnson County. If the finding required by K.S.A. 1985 Supp. 38-1605(c) is not filed within 30 days from the filing of the mandate of this case, the case should be transferred to Franklin County for a dispositional hearing as provided in K.S.A. 1985 Supp. 38-1605(b).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.