CFS PPM2
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2911 Law Enforcement Emergency Placements

 

 

K.S.A. 38-2231 and 38-2232 provides law enforcement agencies the ability to take children into police protective custody on an emergency basis without a court order, for the protection of children.  Refer to section 2471 of the PPM for additional information. 

 

A. Purchase Limitations/Guidelines 

Emergency placement providers shall receive documentation from law enforcement when a child is placed with them stating that law enforcement has given the facility custody, and the provider has consent for medical treatment and for transportation of children placed in their facility or home.  Law enforcement agencies have forms called law enforcement applications for this purpose.  PPS must receive a copy of the "law enforcement application" before payment is made to the provider. The following applies:   

 

    1. PPS is responsible for payment through DCF Region in which the law enforcement emergency placement occurred.  Each DCF Regional office has a list of licensed emergency placement providers.  PPS staff shall not pay for law enforcement emergency placements if the provider is unlicensed or is not designated as an emergency placement, unless approved by the Assessment and Prevention Administrator.  
    2. Emergency placements made by law enforcement are limited to 72 hours following admission (excluding weekends and holidays or days on which the office of the clerk of the court is not accessible) unless a court has continued the custody hearing.
    3. Payment for the care of children in licensed and designated emergency placements is made by DCF even though these children are not in DCF custody.  RE/FC/AD Child Welfare Case Management Providers are responsible for payments when the child has been referred to them prior to their law enforcement placement and the referral is still open. Payment shall not exceed the established DCF rates found on PPS intranet site http://dcfnet.dcf.ks.gov/Pages/Home.aspx. 
    4. If the emergency placement overlaps a weekend or holiday or day on which the office of the Clerk of the Court is not accessible, payment should also be made for the weekend or holiday or day on which the office of the clerk of the court is not accessible and these days do not count toward the 72-hour limit.  Any portion of a calendar day shall be considered as one day.   
    5. In situations where the child remains in a law enforcement emergency placement over a Court or DCF weekend and holiday, the placement may last up to 8 calendar days.  When the placement exceeds 5 calendar days, the last day of care is not paid. 
    6. In rare situations the child does not leave the emergency placement within 72 hours, e.g. temporary custody hearing not yet held or parent did not pick up the child as scheduled.  When this occurs, staff will need to evaluate circumstances for exceeding the 72-hour time period to determine if DCF responsible for any further payment as an emergency police admission payment or as a family service payment.  If paid as a family service payment (see section 4900), a Client Service Agreement would be required.   
  2. Payment Procedures for Law Enforcement Emergency Placements 
    1. Payments for law enforcement emergency placements are made with the case and client numbers from a Kansas Eligibility and Enforcement System (KEES) case.
    2. A PPS 2833 Client Purchase Agreement shall be completed by PPS staff documenting the emergency placement expense.   Use the following accounting codes:  Program=27322, INF45=3232.  See the Handbook for Client Purchases for details on purchasing procedures.
    3. DCF pays for detention only when: 
      1. The court places a child in DCF custody, orders a juvenile detention placement, and a referral to a RE/FC/AD CWCMP has not been made.  A detention payment covers only a 24-hour period, excluding weekends, legal holidays, or days on which the office of the clerk of the court is not accessible per K.S.A. 38-2260.  A copy of a journal entry ordering a juvenile detention placement is required.  
      2. Law enforcement places a child who is in the custody of the Secretary in detention and a referral to a RE/FC/AD CWCMP has not been made or the year of aftercare is complete.  The law enforcement officer must first deliver the child to a shelter facility.  If the person in charge of the shelter facility and the law enforcement officer agree the child will not remain, the law enforcement officer may place the child in detention.  K.S.A. 38-2232. 
      3. Payment shall not exceed the established DCF rates found on PPS’ SharePoint site. 

Use the following accounting codes:  Program=27322, INF45=3230.  See the Handbook for Client Purchases for details on purchasing procedures.