Kansas 2023-2024 Regular Session

Kansas House Bill HB2300 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2023
2	2	HOUSE BILL No. 2300
3	3	By Committee on Federal and State Affairs
4	4	2-6
5	5	AN ACT concerning children and minors; relating to reporting of certain
6	6	abuse and neglect; requiring a duly ordained minister of religion to
7	7	report certain abuse and neglect except when reporting would violate
8	8	the penitential communication privilege; amending K.S.A. 2022 Supp.
9	9	38-2223 and repealing the existing section.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 2022 Supp. 38-2223 is hereby amended to read as
12	12	follows: 38-2223. (a) Persons making reports. (1) When any of the
13	13	following persons has reason to suspect that a child has been harmed as a
14	14	result of physical, mental or emotional abuse or neglect or sexual abuse,
15	15	the person shall report the matter promptly as provided in subsections (b)
16	16	and (c);
17	17	(A) The following persons providing medical care or treatment:
18	18	Persons licensed to practice the healing arts, dentistry and optometry,
19	19	persons engaged in postgraduate training programs approved by the state
20	20	board of healing arts, licensed professional or practical nurses and chief
21	21	administrative officers of medical care facilities;
22	22	(B) the following persons licensed by the state to provide mental
23	23	health services: Licensed psychologists, licensed masters level
24	24	psychologists, licensed clinical psychotherapists, licensed social workers,
25	25	licensed marriage and family therapists, licensed clinical marriage and
26	26	family therapists, licensed behavioral analysts, licensed assistant
27	27	behavioral analysts, licensed professional counselors, licensed clinical
28	28	professional counselors and registered alcohol and drug abuse counselors;
29	29	(C) teachers, school administrators and other employees of an
30	30	educational institution that the child is attending and any member of the
31	31	board of directors of the Kansas state high school activities association
32	32	referenced in K.S.A. 72-7114, and amendments thereto, and any person
33	33	who is employed by or is an officer of such association;
34	34	(D) persons licensed by the secretary of health and environment to
35	35	provide child care services or the employees of persons so licensed at the
36	36	place where the child care services are being provided to the child;
37	37	(E) firefighters, emergency medical services personnel, law
38	38	enforcement officers, juvenile intake and assessment workers, court
39	39	services officers, community corrections officers, case managers appointed
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76	76	under K.S.A. 2022 Supp. 23-3508, and amendments thereto, and mediators
77	77	appointed under K.S.A. 2022 Supp. 23-3502, and amendments thereto;
78	78	and
79	79	(F) any person employed by or who works as a volunteer for any
80	80	organization, whether for profit or not-for-profit, that provides social
81	81	services to pregnant teenagers, including, but not limited to, counseling,
82	82	adoption services and pregnancy education and maintenance; and
83	83	(G) any duly ordained minister of religion, as defined in K.S.A. 60-
84	84	429, and amendments thereto, except that a duly ordained minister of
85	85	religion who suspects abuse or neglect based on a penitential
86	86	communication is not required to violate penitential communication
87	87	privilege as provided in K.S.A. 60-429, and amendments thereto.
88	88	(2) In addition to the reports required under subsection (a)(1), any
89	89	person who has reason to suspect that a child may be a child in need of
90	90	care may report the matter as provided in subsection (b) and (c).
91	91	(b) Form of report. (1) The report may be made orally and shall be
92	92	followed by a written report if requested. Every report shall contain, if
93	93	known: The names and addresses of the child and the child's parents or
94	94	other persons responsible for the child's care; the location of the child if
95	95	not at the child's residence; the child's gender, race and age; the reasons
96	96	why the reporter suspects the child may be a child in need of care; if abuse
97	97	or neglect or sexual abuse is suspected, the nature and extent of the harm
98	98	to the child, including any evidence of previous harm; and any other
99	99	information that the reporter believes might be helpful in establishing the
100	100	cause of the harm and the identity of the persons responsible for the harm.
101	101	(2) When reporting a suspicion that a child may be in need of care,
102	102	the reporter shall disclose protected health information freely and
103	103	cooperate fully with the secretary and law enforcement throughout the
104	104	investigation and any subsequent legal process.
105	105	(c) To whom made. Reports made pursuant to this section shall be
106	106	made to the secretary, except as follows:
107	107	(1) When the Kansas department for children and families is not open
108	108	for business, reports shall be made to the appropriate law enforcement
109	109	agency. On the next day that the department is open for business, the law
110	110	enforcement agency shall report to the department any report received and
111	111	any investigation initiated pursuant to K.S.A. 38-2226, and amendments
112	112	thereto. The reports may be made orally or, on request of the secretary, in
113	113	writing.
114	114	(2) Reports of child abuse or neglect occurring in an institution
115	115	operated by the Kansas department of corrections shall be made to the
116	116	attorney general or the secretary of corrections. Reports of child abuse or
117	117	neglect occurring in an institution operated by the Kansas department for
118	118	aging and disability services shall be made to the appropriate law
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162	162	enforcement agency. All other reports of child abuse or neglect by persons
163	163	employed by the Kansas department for aging and disability services or
164	164	the Kansas department for children and families, or of children of persons
165	165	employed by either department, shall be made to the appropriate law
166	166	enforcement agency.
167	167	(d) Death of child. Any person who is required by this section to
168	168	report a suspicion that a child is in need of care and who knows of
169	169	information relating to the death of a child shall immediately notify the
170	170	coroner as provided by K.S.A. 22a-242, and amendments thereto.
171	171	(e) Violations. (1) Willful and knowing failure to make a report
172	172	required by this section is a class B misdemeanor. It is not a defense that
173	173	another mandatory reporter made a report.
174	174	(2) Intentionally preventing or interfering with the making of a report
175	175	required by this section is a class B misdemeanor.
176	176	(3) Any person who willfully and knowingly makes a false report
177	177	pursuant to this section or makes a report that such person knows lacks
178	178	factual foundation is guilty of a class B misdemeanor.
179	179	(f) Immunity from liability. Anyone who, without malice, participates
180	180	in the making of a report to the secretary or a law enforcement agency
181	181	relating to a suspicion a child may be a child in need of care or who
182	182	participates in any activity or investigation relating to the report or who
183	183	participates in any judicial proceeding resulting from the report shall have
184	184	immunity from any civil liability that might otherwise be incurred or
185	185	imposed.
186	186	Sec. 2. K.S.A. 2022 Supp. 38-2223 is hereby repealed.
187	187	Sec. 3. This act shall take effect and be in force from and after its
188	188	publication in the statute book.
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