Frequently Asked Questions

NOTE: The answers to legal questions usually depend on a number of factors unique to given questions. The answers to the questions listed here are designed to provide general information regarding juvenile law issues. This should not be deemed as offering legal advice or recommending a specific course of action. For further information, please contact your attorney.

Q. "My child is applying for a job. Does my child have to disclose any juvenile court record?"
A. The important thing is to be honest. If the question asks about convictions only, juvenile records (which are adjudications, and not convictions) would not count. If the question calls for convictions and adjudications, then the answer would be different. If a juvenile record is "expunged," it can be honestly treated as if it had never occurred.

Q. How can my child's juvenile record be expunged?
A. Kansas Statutes allow a juvenile adjudication to be expunged. Recently, the law was also changed to allow Immediate Interventions and uncharged police records to be expunged as well.  A record that has been "expunged" means that to those persons or agencies outside the court system, it can be treated as if it never occurred.  At least two years must have elapsed from discharge from court jurisdiction for a person to be eligible for expungement of a juvenile adjudication. If interested, you should contact your attorney or our office.  If eligible, you may start the process with the Petition For Expungement .

Q. "At what age can a child be left home alone?"
A. The Kansas Child in Need of Care (CINC) code does not have a specific answer. Generally, a parent or guardian must provide supervision and care for their children until they reach 18 years of age. Younger children have a greater need for supervision and care than older children.   Obviously, young children under age 10 should not be left without supervision at any time.  In most cases, older teenage children may be left alone for short periods of time.

Q. Does my child have "Miranda" rights? Does a parent have to be present during questioning?
A. All citizens enjoy the right to be informed of their rights when they are in police custody and are being questioned about suspected criminal acts. If a child is under the age of 14 and in custody, they must have the opportunity to consult with a parent or guardian prior to waiving Miranda rights and giving a statement. In all cases of police questioning of juveniles in custody, the court will look at their age, the presence of parents, and other factors to determine whether any statement was freely and voluntarily given.

Q. Is my child required to have an attorney in court?
A. Yes. Kansas law requires that all juveniles appearing in court must be represented by counsel. A parent cannot represent their child in court.

Q. My child refuses to come home on time. Can I lock my child out?
A. Enforcing house rules is tough for parents. A parent is allowed, even expected, to provide discipline in the home. However, a child may not be locked out of the house unless other arrangements have been made. This might be to allow the child to stay with a relative, or in another furnished part of the house.

Q. How can a child be emancipated?
A. Generally, parents are obligated to care for their children until they reach age 18. Emancipation is a term used quite often as a panacea for situations of parent/child conflict. Emancipation simply allows someone under the age of 18 to: hold property; enter into contracts; and to sue and be sued. Emancipation does not necessarily relieve a parent of their obligation to provide for their child until age 18. To be emancipated, a petition is filed in District Court. At hearing, a judge would have to determine that the juvenile has the ability to enter into contracts and is responsible and mature enough to be treated as an adult by the outside world.