Kansas 2023-2024 Regular Session

Kansas House Bill HB2443 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2443
33 By Committee on Appropriations
44 2-23
55 AN ACT concerning children and minors; establishing the office of the
66 child advocate as an independent state agency and the child advocate
77 advisory board; prescribing certain powers, duties and functions
88 thereof; allowing disclosure of confidential records to the child
99 advocate; amending K.S.A. 38-2213, 38-2309 and 38-2310 and K.S.A.
1010 2022 Supp. 38-2211 and 38-2212.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 New Section 1. (a) As used in sections 1 through 8, and amendments
1313 thereto:
1414 (1) "Child" means any individual under 18 years of age who:
1515 (A) Is in the custody of the secretary for children and families;
1616 (B) may be alleged to be a child in need of care as provided in K.S.A.
1717 38-2201 et seq., and amendments thereto;
1818 (C) is alleged to be a child in need of care as provided in K.S.A. 38-
1919 2201 et seq.; or
2020 (D) is currently or was receiving services or treatment from the
2121 department of corrections; and
2222 (2) "office" means the office of the child advocate that includes the
2323 child advocate and staff.
2424 New Sec. 2. (a) There is hereby established the office of the child
2525 advocate, the head of which shall be the child advocate. In the
2626 performance of the powers, duties and functions prescribed by law, the
2727 office shall be an independent state agency. The child advocate shall be
2828 appointed pursuant to section 5, and amendments thereto.
2929 (b) The purpose of the office is to ensure that children and families
3030 receive adequate coordination of child welfare services, child maltreatment
3131 prevention, protection and care through services offered by the Kansas
3232 department for children and families or the department's contracting
3333 entities, the Kansas department for aging and disability services, the
3434 department of corrections, the department of health and environment and
3535 juvenile courts.
3636 (c) The child advocate shall receive, investigate and attempt to
3737 resolve complaints from any persons involved with the child welfare
3838 system alleging that the Kansas department for children and families or the
3939 department's contracting entities, the department of corrections, the
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7676 judicial branch or another child welfare stakeholder has provided
7777 inadequate protection or care of children and assist the state of Kansas in
7878 conducting oversight of the child welfare system to improve the safety and
7979 wellbeing of children.
8080 (d) The child advocate shall perform the duties required by sections 1
8181 through 8, and amendments thereto, independently from state agencies and
8282 other entities under review by the office and report directly to the office of
8383 the child advocate advisory board.
8484 New Sec. 3. (a) There is hereby established an independent and
8585 nonpartisan child advocate advisory board.
8686 (b) The board has the following duties and responsibilities in
8787 overseeing the office of the child advocate:
8888 (1) On or before December 1, 2023, appoint the child advocate, and
8989 as necessary thereafter pursuant to section 5, and amendments thereto;
9090 (2) for good cause and subject to a
9191 2
9292 /3 vote of the board, terminate the
9393 child advocate;
9494 (3) fill any vacancy of the child advocate;
9595 (4) evaluate the child advocate's performance and receive feedback
9696 on the child advocate's performance;
9797 (5) develop a public complaint process related to the child advocate's
9898 performance;
9999 (6) oversee and advise the child advocate on the office's purpose;
100100 (7) promote and ensure access to the office;
101101 (8) provide fiscal oversight of the office's budget; and
102102 (9) ensure compliance with the provisions of sections 1 through 8,
103103 and amendments thereto, and any state or federal laws relating to child
104104 welfare.
105105 (c) Membership of the board shall not exceed 12 members and to the
106106 extent practicable, include individuals from across the state, with different
107107 abilities and ethnic diversity. All members shall have child welfare policy
108108 or system expertise or experience.
109109 (d) The board members shall be appointed before August 1, 2023, as
110110 follows:
111111 (1) The chief justice of the Kansas supreme court shall appoint:
112112 (A) An individual with experience as a respondent parents' counsel;
113113 (B) an individual with experience defending juveniles in court
114114 proceedings;
115115 (C) an individual with legal experience in child in need of care cases
116116 or who served as a guardian ad litem; and
117117 (D) an individual with experience in juvenile justice;
118118 (2) the governor shall appoint:
119119 (A) An individual with previous professional experience with a social
120120 service agency in a rural area;
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164164 (B) an individual with previous professional experience with the
165165 Kansas department for children and families;
166166 (C) an individual with previous professional experience with a social
167167 service agency in an urban area; and
168168 (D) an individual with professional experience in primary or
169169 secondary education;
170170 (3) the president and minority leader of the Senate shall appoint:
171171 (A) An individual who was a child in need of care; and
172172 (B) an individual with professional experience providing mental
173173 health services to a child in need of care; and
174174 (4) the speaker and the minority leader of the House of
175175 Representatives shall appoint:
176176 (A) A current or former foster parent; and
177177 (B) a healthcare professional with previous experience with child
178178 abuse and neglect cases.
179179 (e)  Board members shall serve for a term of four years, except that
180180 two members first appointed by the chief justice and the governor and one
181181 member appointed by the president and minority leader of the senate and
182182 the speaker and the minority leader of the house of representatives shall
183183 serve a term of two years determined by the appointing authority.
184184 (f) Whenever a vacancy occurs, such vacancy shall be filled in the
185185 same manner as the vacated appointment.
186186 (g) The board shall meet twice a year and may meet additionally as
187187 needed. At least one meeting per year shall not be held in the Topeka
188188 metropolitan area.
189189 (h) Members of the board shall serve without compensation, but may
190190 be reimbursed for actual and reasonable expenses incurred in the
191191 performance of the board member's duties. Such expenses shall be paid by
192192 the office of the child advocate from the office of the child advocate fund.
193193 (i) The board shall be subject to the provisions of the open meetings
194194 act, except to discuss personnel matters of non-elected personnel and to
195195 discuss matters relating to the care of children pursuant to K.S.A. 38-2212
196196 or 38-2213, and amendments thereto, and the federal child abuse
197197 prevention and treatment act.
198198 (j) The records of the board shall be subject to the provisions of the
199199 open records act, except records pursuant to K.S.A. 45-221, and
200200 amendments thereto.
201201 New Sec. 4. (a) To fulfill the purpose of the office pursuant to section
202202 2, and amendments thereto, the child advocate shall:
203203 (1) Independently and impartially investigate complaints submitted to
204204 the office. The child advocate may seek resolution of the complaint, which
205205 may include, but not be limited to, referring a complaint to a state agency
206206 or other entity for action;
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250250 (2) address complaints made by or on behalf of a child that relate to
251251 state agencies, service providers, including contractors, subcontractors and
252252 any juvenile court, that may adversely affect the health, safety, welfare,
253253 permanency or wellbeing of such child;
254254 (3) establish a procedure for receiving, processing, responding to and
255255 resolving such complaints;
256256 (4) ensure confidentiality of all complaints, including the identity of a
257257 complainant or reporter, unless disclosure is deemed necessary for the
258258 child advocate to perform the child advocate's duties, with consent from
259259 such complainant or reporter;
260260 (5) receive and exchange records as provided in K.S.A. 38-2201 et
261261 seq. and 38-2301 et seq., and amendments thereto, to make inquiries and
262262 review relevant information and records that the office deems necessary
263263 for investigations;
264264 (6) compile, collect and preserve a record of complaints received and
265265 processed that may reveal concerning patterns to be addressed;
266266 (7) submit any findings and recommendations to the Kansas
267267 department for children and families and recommend changes to policies
268268 and procedures to improve the delivery of child welfare services;
269269 (8) recommend changes to policies, procedures or adopted or
270270 proposed rules and regulations of any state or local agency that adversely
271271 affect or may adversely affect the health, safety, welfare, permanency or
272272 wellbeing of any child;
273273 (9) analyze and monitor the development and implementation of
274274 federal, state and local laws, rules and regulations and policies with respect
275275 to child welfare services in the state and recommend changes in such laws,
276276 rules and regulations and polices to the Kansas department for children
277277 and families or the department's contracting entities, the Kansas
278278 department for aging and disability services, the department of health and
279279 environment, the department of corrections, juvenile courts, the legislature
280280 and the governor;
281281 (10) inform and educate children, their guardians and families of the
282282 child's rights and entitlements pursuant to state and federal laws; and
283283 (11) fulfill responsibilities in this section guided by generally
284284 accepted principles of best practices in child welfare.
285285 (b) To fulfill the purpose of the office pursuant to section 2, and
286286 amendments thereto, the child advocate may:
287287 (1) Access records as provided in K.S.A. 38-2201 et seq. and 38-2301
288288 et seq., and amendments thereto, related to complaints received;
289289 (2) access all written reports of child abuse and neglect maintained by
290290 the secretary for children and families related to complaints received;
291291 (3) communicate privately with any child or child’s siblings, after
292292 consultation with treatment professionals and service providers, and with
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336336 anyone working with the child, including the family, relatives, employees
337337 of the Kansas department for children and families or the department's
338338 contracting entities, Kansas department for aging and disability services,
339339 juvenile courts and other persons or entities providing treatment and child
340340 welfare services to such child;
341341 (4) work in conjunction with guardians ad litem;
342342 (5) file any of the office's findings or reports regarding a parent or
343343 child with the appropriate court with jurisdiction over a child in need of
344344 care case involving such child, and issue recommendations regarding the
345345 disposition of an investigation to the court and to the investigating agency,
346346 but shall not intervene in divorce, protection from abuse, juvenile offender,
347347 child in need of care, administrative hearings, civil or criminal
348348 proceedings;
349349 (6) file amicus curiae briefs of the findings and recommendations of
350350 the office in appeals from child in need of care matters;
351351 (7) utilize the resources of the office of the attorney general, as
352352 necessary, to carry out any duties of the child advocate and receive legal
353353 counsel or services;
354354 (8) initiate meetings with personnel from the Kansas department for
355355 children and families or the department's contracting entities, Kansas
356356 department for aging and disability services and juvenile courts;
357357 (9) apply for and accept grants, gifts and bequests of moneys from
358358 other state, interstate or federal agencies, independent authorities, private
359359 firms, individuals or foundations to carry out the child advocate's duties
360360 and responsibilities, and such moneys shall be deposited in the office of
361361 the child advocate fund and shall be expended in accordance with the
362362 provisions of the grant or bequest;
363363 (10) establish local panels on a regional or county basis to adequately
364364 and efficiently carry out the functions and duties of the office and address
365365 complaints in a timely manner as appropriate; and
366366 (11) conduct an independent review of any policy, procedure or
367367 practice that is the subject of a complaint submitted as provided in this
368368 section.
369369 (c) Nothing in this section shall create a just cause for delay of court
370370 proceedings or excuse any court, county attorney or district attorney,
371371 guardian ad litem or other agency from their duties in proceedings related
372372 to a child.
373373 (d) No review of any complaint shall require any licensed
374374 professional to engage or not engage in conduct required or prohibited by
375375 any governing professional code of responsibility or conduct.
376376 New Sec. 5. (a) The office shall be administered by the child
377377 advocate, who shall be appointed by the child advocate advisory board and
378378 subject to confirmation by the senate as provided in K.S.A. 75-4315b, and
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422422 amendments thereto, for a term of four years. The first child advocate shall
423423 be appointed and confirmed on or before January 1, 2024, and on or before
424424 January 1 every four years thereafter.
425425 (b) The child advocate shall be a person that either holds a current
426426 relevant license that would authorize the individual to work as a licensed
427427 professional as a case manager, behavioral health professional or attorney
428428 for a child in need of care or has seven or more years of experience in the
429429 field of child welfare. The child advocate shall not be a current, or have
430430 been employed within the past 12 months as an executive or manager of
431431 any program or agency or contracting agency subject to oversight by the
432432 office.
433433 (c) The office of the child advocate shall be under the direct
434434 supervision of the child advocate.
435435 (d) The child advocate may appoint employees as the office may
436436 require to fulfill the office's duties. Employees in the office shall be in the
437437 unclassified service and serve at the pleasure of the child advocate. The
438438 child advocate shall fix the compensation of each such employee subject to
439439 appropriations therefor.
440440 (e) Any employee of the office shall be immune from suit and
441441 liability, in an official capacity and personally, for the good faith
442442 performance of duties prescribed in sections 1 through 8, and amendments
443443 thereto.
444444 New Sec. 6. (a) On or before the first day of the regular legislative
445445 session in 2024, and each year thereafter, the child advocate shall submit
446446 an annual report to the governor, the house of representatives standing
447447 committee on child welfare and foster care, the senate standing committee
448448 on public health and welfare, or any successor committees thereof, the
449449 joint committee on child welfare system oversight and the office of
450450 judicial administration.
451451 (b) Such report shall include, but not be limited to, the number of
452452 complaints received by the office, the disposition of such complaints, the
453453 number of children involved in such complaints, the state agencies or other
454454 entities named in such complaints, whether such complaints were found to
455455 be supported or unsupported and any recommendations for improving the
456456 delivery of child welfare services to reduce complaints or improving the
457457 function of the office and recommendations for changes in Kansas law.
458458 (c) Such reports shall not include names or personally identifiable
459459 information of children, guardians or families in complaints.
460460 (d) Such reports are not subject to change by the the house of
461461 representatives standing committee on child welfare and foster care, the
462462 senate standing committee on public health and welfare, or any successor
463463 committees thereof, or the joint committee on child welfare system
464464 oversight except that any such committee may request additional
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508508 information not subject to subsection (f) that was gathered as part of the
509509 report but was not presented in the written report may be added to
510510 subsequent copies of the report or may be distributed separately.
511511 (e) Annual reports submitted as provided in this section shall not be
512512 disclosed pursuant to the provisions of the open records act or any other
513513 law until:
514514 (1) The time of the next scheduled meeting of either the house of
515515 representatives standing committee on child welfare and foster care or the
516516 senate standing committee on public health and welfare, or any successor
517517 committees thereof, held after distribution of the report to members of
518518 such committee; or
519519 (2) the time of the next scheduled meeting of another legislative
520520 committee held after distribution of the report to the members of such
521521 committee as authorized by the house of representatives standing
522522 committee on child welfare and foster care or the senate standing
523523 committee on public health and welfare, or any successor committees
524524 thereof.
525525 (f) The provisions of this subsection providing for confidentiality of
526526 records shall expire on July 1, 2028, unless the legislature reviews and acts
527527 to continue such provisions pursuant to K.S.A. 45-229, and amendments
528528 thereto, prior to July 1, 2028.
529529 (g) For any information or records obtained from a state agency or
530530 other entity pursuant to sections 1 through 8, and amendments thereto, the
531531 office shall be subject to K.S.A. 38-2201 et seq. and 38-2301 et seq., and
532532 amendments thereto, and any federal statutory disclosure restrictions and
533533 confidentiality requirements that are applicable to the state agency or other
534534 entity providing such information to the office. Information or records
535535 obtained shall not be further disclosed.
536536 New Sec. 7. (a) The reports, statements, witness testimony, affidavits,
537537 memoranda, proceedings, findings and other records or data submitted to,
538538 considered by or generated by the office of the child advocate, whether
539539 oral or written, shall be privileged and shall not be disclosed to any person
540540 or entity, be admissible in any civil action, administrative proceeding or
541541 disciplinary board of this state, be subject to discovery, subpoena or other
542542 means of legal compulsion for their release to any person or entity or be
543543 admissible in evidence in any judicial or administrative proceeding, unless
544544 the child advocate is already a party to such proceedings. Information
545545 contained in such records shall not be discoverable or admissible at trial in
546546 the form of testimony by the child advocate, an individual who is an
547547 employee of the office of the child advocate or individual acting on behalf
548548 of the child advocate, unless such individual is already a party to such
549549 proceedings.
550550 (b) The child advocate, any employee of the office of the child
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594594 advocate or person acting on behalf of the child advocate shall be immune
595595 from civil liability, either personally or in their official capacity, including,
596596 but not limited to, claims of damage to or loss of property or personal
597597 injury that are caused by or arising out of the performance of duties of the
598598 office. This subsection shall not be construed to protect from suit or
599599 liability when caused by the intentional or willful or wanton misconduct of
600600 such persons.
601601 (c) (1) No person shall take reprisal or retaliatory action against any
602602 recipient of child welfare services or employee of the Kansas department
603603 for children and families and the department's contracting entities, the
604604 Kansas department for aging and disability services, the department of
605605 corrections, the department of health and environment and juvenile courts
606606 for any communication made or information given to the office for the
607607 purpose of compliance with sections 1 through 8, and amendments thereto.
608608 Any person who knowingly violates the provisions of this paragraph shall
609609 be guilty of a class A nonperson misdemeanor.
610610 (2) No employee of the office of the child advocate shall:
611611 (A) Knowingly disclose false information; or
612612 (B) disclose confidential information without lawful authority.
613613 (3) Disclosure or use of any such information received by the office
614614 of the child advocate or of any record containing such information, for any
615615 purpose other than that provided for in law shall constitute grounds for
616616 removal from office or termination of employment.
617617 (d) As used in this section, "reprisal or retaliatory action" shall
618618 include, but not be limited to:
619619 (1) Letters of reprimand or unsatisfactory performance evaluations;
620620 (2) transfer;
621621 (3) demotion;
622622 (4) reduction in pay;
623623 (5) denial of promotion;
624624 (6) suspension;
625625 (7) dismissal; and
626626 (8) denial of employment.
627627 New Sec. 8. (a) The annual budget request of the office shall be
628628 prepared by the child advocate and presented to the child advocate
629629 advisory board. Upon approval by the child advocate advisory board, the
630630 child advocate shall submit such budget request to the director of the
631631 budget as other budget requests are submitted pursuant K.S.A. 75-3717,
632632 and amendments thereto.
633633 (b) There is established in the state treasury the office of the child
634634 advocate fund. Such fund shall be administered by the child advocate. All
635635 expenditures from appropriations to the office shall be made upon warrants
636636 of the director of accounts and reports issued pursuant to vouchers
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680680 approved by the child advocate or the child advocate's designee. All
681681 moneys received by or for the child advocate shall be deposited in the state
682682 treasury in accordance with the provisions of K.S.A. 75-4215, and
683683 amendments thereto.
684684 Sec. 9. K.S.A. 2022 Supp. 38-2211 is hereby amended to read as
685685 follows: 38-2211. (a) Access to the official file. The following persons or
686686 entities shall have access to the official file of a child in need of care
687687 proceeding pursuant to this code:
688688 (1) The court having jurisdiction over the proceedings, including the
689689 presiding judge and any court personnel designated by the judge.
690690 (2) The parties to the proceedings and their attorneys.
691691 (3) The guardian ad litem for a child who is the subject of the
692692 proceeding.
693693 (4) A court appointed court-appointed special advocate for a child
694694 who is the subject of the proceeding or a paid staff member of a court
695695 appointed special advocate program.
696696 (5) Any individual, or any public or private agency or institution,
697697 having custody of the child under court order or providing educational,
698698 medical or mental health services to the child or any placement provider or
699699 potential placement provider as determined by the secretary or court
700700 services officer.
701701 (6) A citizen review board.
702702 (7) The secretary of corrections or any agents designated by the
703703 secretary of corrections.
704704 (8) Any county or district attorney from another jurisdiction with a
705705 pending child in need of care matter regarding any of the same parties.
706706 (9) Any other person when authorized by a court order, subject to any
707707 conditions imposed by the order.
708708 (10) The commission on judicial performance in the discharge of the
709709 commission's duties pursuant to article 32 of chapter 20 of the Kansas
710710 Statutes Annotated, and amendments thereto.
711711 (11) An investigating law enforcement agency.
712712 (12) The office of the child advocate.
713713 (b) Access to the social file. The following persons or entities shall
714714 have access to the social file of a child in need of care proceeding pursuant
715715 to this code:
716716 (1) The court having jurisdiction over the proceeding, including the
717717 presiding judge and any court personnel designated by the judge.
718718 (2) The attorney for a party to the proceeding or the person or persons
719719 designated by an Indian tribe that is a party.
720720 (3) The guardian ad litem for a child who is the subject of the
721721 proceeding.
722722 (4) A court appointed court-appointed special advocate for a child
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766766 who is the subject of the proceeding or a paid staff member of a court
767767 appointed special advocate program.
768768 (5) A citizen review board.
769769 (6) The secretary.
770770 (7) The secretary of corrections or any agents designated by the
771771 secretary of corrections.
772772 (8) Any county or district attorney from another jurisdiction with a
773773 pending child in need of care matter regarding any of the same parties or
774774 interested parties.
775775 (9) Any other person when authorized by a court order, subject to any
776776 conditions imposed by the order.
777777 (10) An investigating law enforcement agency.
778778 (11) The office of the child advocate.
779779 (c) Preservation of records. The Kansas state historical society shall
780780 be allowed to take possession for preservation in the state archives of any
781781 court records related to proceedings under the Kansas code for care of
782782 children whenever such records otherwise would be destroyed. No such
783783 records in the custody of the Kansas state historical society shall be
784784 disclosed directly or indirectly to anyone for 70 years after creation of the
785785 records, except as provided in subsections (a) and (b). Pursuant to
786786 subsections (a)(9) (a)(10) and (b)(9) (b)(10), a judge of the district court
787787 may allow inspection for research purposes of any court records in the
788788 custody of the Kansas state historical society related to proceedings under
789789 the Kansas code for care of children.
790790 Sec. 10. K.S.A. 2022 Supp. 38-2212 is hereby amended to read as
791791 follows: 38-2212. (a) Principle of appropriate access. Information
792792 contained in confidential agency records concerning a child alleged or
793793 adjudicated to be in need of care may be disclosed as provided in this
794794 section and shall be disclosed as provided in subsection (e). Disclosure
795795 shall in all cases be guided by the principle of providing access only to
796796 persons or entities with a need for information that is directly related to
797797 achieving the purposes of this code.
798798 (b) Free exchange of information. Pursuant to K.S.A. 38-2210, and
799799 amendments thereto, the secretary and juvenile intake and assessment
800800 agencies shall participate in the free exchange of information concerning a
801801 child who is alleged or adjudicated to be in need of care.
802802 (c) Necessary access. The following persons or entities shall have
803803 access to information from agency records. Access shall be limited to
804804 information reasonably necessary to carry out their lawful responsibilities,
805805 to maintain their personal safety and the personal safety of individuals in
806806 their care, or to educate, diagnose, treat, care for or protect a child alleged
807807 to be in need of care. Information authorized to be disclosed pursuant to
808808 this subsection shall not contain information that identifies a reporter of a
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852852 child who is alleged or adjudicated to be a child in need of care.
853853 (1) A child named in the report or records, a guardian ad litem
854854 appointed for the child and the child's attorney.
855855 (2) A parent or other person responsible for the welfare of a child, or
856856 such person's legal representative.
857857 (3) A court-appointed special advocate for a child, a citizen review
858858 board or other advocate that reports to the court.
859859 (4) A person licensed to practice the healing arts or mental health
860860 profession in order to diagnose, care for, treat or supervise:
861861 (A) A child whom such service provider reasonably suspects may be
862862 in need of care;
863863 (B) a member of the child's family; or
864864 (C) a person who allegedly abused or neglected the child.
865865 (5) A person or entity licensed or registered by the secretary of health
866866 and environment or approved by the secretary for children and families to
867867 care for, treat or supervise a child in need of care.
868868 (6) A coroner or medical examiner when such person is determining
869869 the cause of death of a child.
870870 (7) The state child death review board established under K.S.A. 22a-
871871 243, and amendments thereto.
872872 (8) An attorney for a private party who files a petition pursuant to
873873 K.S.A. 38-2233(b), and amendments thereto.
874874 (9) A foster parent, prospective foster parent, permanent custodian,
875875 prospective permanent custodian, adoptive parent or prospective adoptive
876876 parent. In order to assist such persons in making an informed decision
877877 regarding acceptance of a particular child, to help the family anticipate
878878 problems that may occur during the child's placement, and to help the
879879 family meet the needs of the child in a constructive manner, the secretary
880880 shall seek and shall provide the following information to such persons as
881881 the information becomes available to the secretary:
882882 (A) Strengths, needs and general behavior of the child;
883883 (B) circumstances that necessitated placement;
884884 (C) information about the child's family and the child's relationship to
885885 the family that may affect the placement;
886886 (D) important life experiences and relationships that may affect the
887887 child's feelings, behavior, attitudes or adjustment;
888888 (E) medical history of the child, including third-party coverage that
889889 may be available to the child; and
890890 (F) education history, to include present grade placement, special
891891 strengths and weaknesses.
892892 (10) The state protection and advocacy agency as provided by K.S.A.
893893 65-5603(a)(10) or K.S.A. 74-5515(a)(2)(A) and (B), and amendments
894894 thereto.
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938938 (11) Any educational institution to the extent necessary to enable the
939939 educational institution to provide the safest possible environment for its
940940 pupils and employees.
941941 (12) Any educator to the extent necessary to enable the educator to
942942 protect the personal safety of the educator and the educator's pupils.
943943 (13) Any other federal, state or local government executive branch
944944 entity or any agent of such entity, having a need for such information in
945945 order to carry out such entity's responsibilities under the law to protect
946946 children from abuse and neglect.
947947 (14) The office of the child advocate.
948948 (d) Specified access. The following persons or entities shall have
949949 access to information contained in agency records as specified.
950950 Information authorized to be disclosed pursuant to this subsection shall not
951951 contain information that identifies a reporter of a child who is alleged or
952952 adjudicated to be a child in need of care.
953953 (1) Information from confidential agency records of the Kansas
954954 department for children and families, a law enforcement agency or any
955955 juvenile intake and assessment worker of a child alleged or adjudicated to
956956 be in need of care shall be available to members of the standing house or
957957 senate committee on judiciary, house committee on corrections and
958958 juvenile justice, house committee on appropriations, senate committee on
959959 ways and means, legislative post audit committee and any joint committee
960960 with authority to consider children's and families' issues, when carrying
961961 out such member's or committee's official functions in accordance with
962962 K.S.A. 75-4319, and amendments thereto, in a closed or executive
963963 meeting. Except in limited conditions established by
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966966 such committee, records and reports received by the committee shall not
967967 be further disclosed. Unauthorized disclosure may subject such member to
968968 discipline or censure from the house of representatives or senate. The
969969 secretary for children and families shall not summarize the outcome of
970970 department actions regarding a child alleged to be a child in need of care
971971 in information available to members of such committees.
972972 (2) The secretary for children and families may summarize the
973973 outcome of department actions regarding a child alleged to be a child in
974974 need of care to a person having made such report.
975975 (3) Information from confidential reports or records of a child alleged
976976 or adjudicated to be a child in need of care may be disclosed to the public
977977 when:
978978 (A) The individuals involved or their representatives have given
979979 express written consent; or
980980 (B) the investigation of the abuse or neglect of the child or the filing
981981 of a petition alleging a child to be in need of care has become public
982982 knowledge, provided, however, that the agency shall limit disclosure to
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10261026 confirmation of procedural details relating to the handling of the case by
10271027 professionals.
10281028 (e) Law enforcement access. The secretary shall disclose confidential
10291029 agency records of a child alleged or adjudicated to be a child in need of
10301030 care, as described in K.S.A. 38-2209, and amendments thereto, to the law
10311031 enforcement agency investigating the alleged or substantiated report or
10321032 investigation of abuse or neglect, regardless of the disposition of such
10331033 report or investigation. Such records shall include, but not be limited to,
10341034 any information regarding such report or investigation, records of past
10351035 reports or investigations concerning such child and such child's siblings
10361036 and the perpetrator or alleged perpetrator and the name and contact
10371037 information of the reporter or persons alleging abuse or neglect and case
10381038 managers, investigators or contracting agency entity employees assigned to
10391039 or investigating such report. Such records shall only be used for the
10401040 purposes of investigating the alleged or substantiated report or
10411041 investigation of abuse or neglect.
10421042 (f) Court order. Notwithstanding the provisions of this section, a
10431043 court of competent jurisdiction, after in camera inspection, may order
10441044 disclosure of confidential agency records pursuant to a determination that
10451045 the disclosure is in the best interests of the child who is the subject of the
10461046 reports or that the records are necessary for the proceedings of the court.
10471047 The court shall specify the terms of disclosure and impose appropriate
10481048 limitations.
10491049 (g) (1) Notwithstanding any other provision of law to the contrary,
10501050 except as provided in paragraph (6), in the event that child abuse or
10511051 neglect results in a child fatality or near fatality, reports or records of a
10521052 child alleged or adjudicated to be in need of care received by the secretary,
10531053 a law enforcement agency or any juvenile intake and assessment worker
10541054 shall become a public record and subject to disclosure pursuant to K.S.A.
10551055 45-215, and amendments thereto.
10561056 (2) Within seven days of receipt of a request in accordance with the
10571057 procedures adopted under K.S.A. 45-220, and amendments thereto, the
10581058 secretary shall notify any affected individual that an open records request
10591059 has been made concerning such records. The secretary or any affected
10601060 individual may file a motion requesting the court to prevent disclosure of
10611061 such record or report, or any select portion thereof. Notice of the filing of
10621062 such motion shall be provided to all parties requesting the records or
10631063 reports, and such party or parties shall have a right to hearing, upon
10641064 request, prior to the entry of any order on such motion. If the affected
10651065 individual does not file such motion within seven days of notification, and
10661066 the secretary has not filed a motion, the secretary shall release the reports
10671067 or records. If such motion is filed, the court shall consider the effect such
10681068 disclosure may have upon an ongoing criminal investigation, a pending
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11121112 prosecution, or the privacy of the child, if living, or the child's siblings,
11131113 parents or guardians, and the public's interest in the disclosure of such
11141114 records or reports. The court shall make written findings on the record
11151115 justifying the closing of the records and shall provide a copy of the journal
11161116 entry to the affected parties and the individual requesting disclosure
11171117 pursuant to the Kansas open records act, K.S.A. 45-215 et seq., and
11181118 amendments thereto.
11191119 (3) Notwithstanding the provisions of paragraph (2), in the event that
11201120 child abuse or neglect results in a child fatality, the secretary shall release
11211121 the following information in response to an open records request made
11221122 pursuant to the Kansas open records act, within seven business days of
11231123 receipt of such request, as allowed by applicable law:
11241124 (A) Age and sex of the child;
11251125 (B) date of the fatality;
11261126 (C) a summary of any previous reports of abuse or neglect received
11271127 by the secretary involving the child, along with the findings of such
11281128 reports; and
11291129 (D) any department recommended services provided to the child.
11301130 (4) Notwithstanding the provisions of paragraph (2), in the event that
11311131 a child fatality occurs while such child was in the custody of the secretary
11321132 for children and families, the secretary shall release the following
11331133 information in response to an open records request made pursuant to the
11341134 Kansas open records act, within seven business days of receipt of such
11351135 request, as allowed by applicable law:
11361136 (A) Age and sex of the child;
11371137 (B) date of the fatality; and
11381138 (C) a summary of the facts surrounding the death of the child.
11391139 (5) For reports or records requested pursuant to this subsection, the
11401140 time limitations specified in this subsection shall control to the extent of
11411141 any inconsistency between this subsection and K.S.A. 45-218, and
11421142 amendments thereto. As used in this section, "near fatality" means an act
11431143 that, as certified by a person licensed to practice medicine and surgery,
11441144 places the child in serious or critical condition.
11451145 (6) Nothing in this subsection shall allow the disclosure of reports,
11461146 records or documents concerning the child and such child's biological
11471147 parents that were created prior to such child's adoption. Nothing herein in
11481148 this section is intended to require that an otherwise privileged
11491149 communication lose its privileged character.
11501150 Sec. 11. K.S.A. 38-2213 is hereby amended to read as follows: 38-
11511151 2213. (a) Principle of limited disclosure. Information contained in
11521152 confidential law enforcement records concerning a child alleged or
11531153 adjudicated to be in need of care may be disclosed as provided in this
11541154 section. Disclosure shall in all cases be guided by the principle of
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11981198 providing access only to persons or entities with a need for information
11991199 that is directly related to achieving the purposes of this code.
12001200 (b) Free exchange of information. Pursuant to K.S.A. 38-2210, and
12011201 amendments thereto, a law enforcement agency shall participate in the free
12021202 exchange of information concerning a child who is alleged or adjudicated
12031203 to be in need of care.
12041204 (c) Access to information in law enforcement records. In order to
12051205 discharge their official duties, the following persons or entities shall have
12061206 access to confidential law enforcement records concerning a child alleged
12071207 or adjudicated to be in need of care.
12081208 (1) The court having jurisdiction over the proceedings, including the
12091209 presiding judge and any court personnel designated by the judge.
12101210 (2) The secretary.
12111211 (3) The commissioner of juvenile justice secretary of corrections.
12121212 (4) Law enforcement officers or county or district attorneys or their
12131213 staff.
12141214 (5) Any juvenile intake and assessment worker.
12151215 (6) Members of a court-appointed multidisciplinary team.
12161216 (7) The office of the child advocate.
12171217 (8) Any other federal, state or local government executive branch
12181218 entity, or any agent of such entity, having a need for such information in
12191219 order to carry out such entity's responsibilities under law to protect
12201220 children from abuse and neglect.
12211221 (8)(9) Persons or entities allowed access pursuant to subsection (f) of
12221222 K.S.A. 38-2212(f), and amendments thereto.
12231223 (d) Necessary access. The following persons or entities shall have
12241224 access to information from law enforcement records when reasonably
12251225 necessary to carry out their lawful responsibilities, to maintain their
12261226 personal safety and the personal safety of individuals in their care, or to
12271227 educate, diagnose, treat, care for or protect a child alleged or adjudicated
12281228 to be in need of care. Information authorized to be disclosed in this
12291229 subsection shall not contain information which that identifies a reporter of
12301230 a child alleged or adjudicated to be a child in need of care.
12311231 (1) Any individual, or public or private agency authorized by a
12321232 properly constituted authority to diagnose, care for, treat or supervise a
12331233 child who is the subject of a report or record of child abuse or neglect,
12341234 including physicians, psychiatrists, nurses, nurse practitioners,
12351235 psychologists, licensed social workers, child development specialists,
12361236 physician assistants, community mental health workers, alcohol and drug
12371237 abuse counselors, and licensed or registered child care providers.
12381238 (2) School administrators shall have access to but shall not copy law
12391239 enforcement records and may disclose information to teachers,
12401240 paraprofessionals and other school personnel as necessary to meet the
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12841284 educational needs of the child or to protect the safety of students and
12851285 school employees.
12861286 (3) The department of health and environment or persons authorized
12871287 by the department of health and environment pursuant to K.S.A. 65-512,
12881288 and amendments thereto, for the purposes of carrying out responsibilities
12891289 relating to licensure or registration of child care providers as required by
12901290 article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
12911291 thereto.
12921292 (e) Legislative access. Information from law enforcement records of a
12931293 child alleged or adjudicated to be in need of care shall be available to
12941294 members of the standing house or senate committee on judiciary, house
12951295 committee on corrections and juvenile justice, house committee on
12961296 appropriations, senate committee on ways and means, legislative post audit
12971297 committee and any joint committee with authority to consider children's
12981298 and families' issues, when carrying out such member's or committee's
12991299 official functions in accordance with K.S.A. 75-4319, and amendments
13001300 thereto, in a closed or executive meeting. Except in limited conditions
13011301 established by
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13031303 /3 of the members of such committee, records and reports
13041304 received by the committee shall not be further disclosed. Unauthorized
13051305 disclosure may subject such member to discipline or censure from the
13061306 house of representatives or senate.
13071307 (f) Court order. Notwithstanding the provisions of this section, a
13081308 court of competent jurisdiction, after in camera inspection, may order
13091309 disclosure of confidential law enforcement records pursuant to a
13101310 determination that the disclosure is in the best interests of the child who is
13111311 the subject of the reports or that the records are necessary for the
13121312 proceedings of the court and otherwise admissible as evidence. The court
13131313 shall specify the terms of disclosure and impose appropriate limitations.
13141314 Sec. 12. K.S.A. 38-2309 is hereby amended to read as follows: 38-
13151315 2309. (a) Official file. The official file of proceedings pursuant to this code
13161316 shall consist of the complaint, process, service of process, orders, writs and
13171317 journal entries reflecting hearings held, judgments and decrees entered by
13181318 the court. The official file shall be kept separate from other records of the
13191319 court.
13201320 (b) The official file shall be open for public inspection, unless the
13211321 judge determines that opening the official file for public inspection is not
13221322 in the best interests of a juvenile who is less than 14 years of age.
13231323 Information identifying victims and alleged victims of sex offenses, as
13241324 defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior
13251325 to their repeal, or article 55 of chapter 21 of the Kansas Statutes
13261326 Annotated, or K.S.A. 2022 Supp. 21-6419 through 21-6422, and
13271327 amendments thereto, or human trafficking or aggravated human
13281328 trafficking, as defined in K.S.A. 21-3446 or 21-3447, prior to their repeal,
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13721372 or K.S.A. 2022 Supp. 21-5426, and amendments thereto, shall not be
13731373 disclosed or open to public inspection under any circumstances. Nothing in
13741374 this section shall prohibit the victim or alleged victim of any sex offense
13751375 from voluntarily disclosing such victim's identity. An official file closed
13761376 pursuant to this section and information identifying the victim or alleged
13771377 victim of any sex offense shall be disclosed only to the following:
13781378 (1) A judge of the district court and members of the staff of the court
13791379 designated by the judge;
13801380 (2) parties to the proceedings and their attorneys;
13811381 (3) any individual or any public or private agency or institution:
13821382 (A) Having custody of the juvenile under court order; or
13831383 (B) providing educational, medical or mental health services to the
13841384 juvenile;
13851385 (4) the juvenile's court appointed special advocate;
13861386 (5) any placement provider or potential placement provider as
13871387 determined by the commissioner or court services officer;
13881388 (6) law enforcement officers or county or district attorneys, or their
13891389 staff, when necessary for the discharge of their official duties;
13901390 (7) the Kansas racing commission, upon written request of the
13911391 commission chairperson, for the purpose provided by K.S.A. 74-8804, and
13921392 amendments thereto, except that information identifying the victim or
13931393 alleged victim of any sex offense shall not be disclosed pursuant to this
13941394 subsection;
13951395 (8) juvenile intake and assessment workers;
13961396 (9) the commissioner;
13971397 (10) the office of the child advocate;
13981398 (11) any other person when authorized by a court order, subject to any
13991399 conditions imposed by the order; and
14001400 (11)(12) the commission on judicial performance in the discharge of
14011401 the commission's duties pursuant to article 32 of chapter 20 of the Kansas
14021402 Statutes Annotated, and amendments thereto.
14031403 (c) (1) Social file. Reports and information received by the court,
14041404 other than the official file, shall be privileged and open to inspection only
14051405 by:
14061406 (A) Attorneys for the parties,;
14071407 (B) juvenile intake and assessment workers,;
14081408 (C) court appointedcourt-appointed special advocates,;
14091409 (D) juvenile community corrections officers,;
14101410 (E) the juvenile's guardian ad litem, if any,;
14111411 (F) the office of the child advocate; or upon
14121412 (G) any other person when authorized by the order of a judge of the
14131413 district court or appellate court.
14141414 (2) The reports shall not be further disclosed without approval of the
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14581458 court or by being presented as admissible evidence.
14591459 (d) Preservation of records. The Kansas state historical society shall
14601460 be allowed to take possession for preservation in the state archives of any
14611461 court records related to proceedings under the Kansas juvenile justice code
14621462 or the revised Kansas juvenile justice code whenever such records
14631463 otherwise would be destroyed. The Kansas state historical society shall
14641464 make available for public inspection any unexpunged docket entry or
14651465 official file in its custody concerning any juvenile 14 or more years of age
14661466 at the time an offense is alleged to have been committed by the juvenile.
14671467 No other such records in the custody of the Kansas state historical society
14681468 shall be disclosed directly or indirectly to anyone for 70 years after
14691469 creation of the records, except as provided in subsections (b) and (c). A
14701470 judge of the district court may allow inspection for research purposes of
14711471 any court records in the custody of the Kansas state historical society
14721472 related to proceedings under the Kansas juvenile justice code or the
14731473 revised Kansas juvenile justice code.
14741474 (e) Relevant information, reports and records, shall be made available
14751475 to the department of corrections upon request, and a showing that the
14761476 former juvenile has been convicted of a crime and placed in the custody of
14771477 the secretary of corrections.
14781478 Sec. 13. K.S.A. 38-2310 is hereby amended to read as follows: 38-
14791479 2310. (a) All records of law enforcement officers and agencies and
14801480 municipal courts concerning an offense committed or alleged to have been
14811481 committed by a juvenile under 14 years of age shall be kept readily
14821482 distinguishable from criminal and other records and shall not be disclosed
14831483 to anyone except:
14841484 (1) The judge of the district court and members of the staff of the
14851485 court designated by the judge;
14861486 (2) parties to the proceedings and their attorneys;
14871487 (3) the Kansas department for children and families;
14881488 (4) the juvenile's court appointed special advocate, any officer of a
14891489 public or private agency or institution or any individual having custody of
14901490 a juvenile under court order or providing educational, medical or mental
14911491 health services to a juvenile;
14921492 (5) any educational institution, to the extent necessary to enable the
14931493 educational institution to provide the safest possible environment for its
14941494 pupils and employees;
14951495 (6) any educator, to the extent necessary to enable the educator to
14961496 protect the personal safety of the educator and the educator's pupils;
14971497 (7) law enforcement officers or county or district attorneys, or their
14981498 staff, when necessary for the discharge of their official duties;
14991499 (8) the central repository, as defined by K.S.A. 22-4701, and
15001500 amendments thereto, for use only as a part of the juvenile offender
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15441544 information system established under K.S.A. 38-2326, and amendments
15451545 thereto;
15461546 (9) juvenile intake and assessment workers;
15471547 (10) the department of corrections;
15481548 (11) juvenile community corrections officers;
15491549 (12) the interstate compact for juveniles compact administrator for
15501550 the purpose of carrying out the responsibilities related to the interstate
15511551 compact for juveniles;
15521552 (13) the office of the child advocate;
15531553 (14) any other person when authorized by a court order, subject to
15541554 any conditions imposed by the order; and
15551555 (14)(15) as provided in subsection (c).
15561556 (b) The provisions of this section shall not apply to records
15571557 concerning:
15581558 (1) A violation, by a person 14 or more years of age, of any provision
15591559 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto, or
15601560 of any city ordinance or county resolution which that relates to the
15611561 regulation of traffic on the roads, highways or streets or the operation of
15621562 self-propelled or nonself-propelled vehicles of any kind;
15631563 (2) a violation, by a person 16 or more years of age, of any provision
15641564 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
15651565 or
15661566 (3) an offense for which the juvenile is prosecuted as an adult.
15671567 (c) All records of law enforcement officers and agencies and
15681568 municipal courts concerning an offense committed or alleged to have been
15691569 committed by a juvenile 14 or more years of age shall be subject to the
15701570 same disclosure restrictions as the records of adults. Information
15711571 identifying victims and alleged victims of sex offenses, as defined in
15721572 article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their
15731573 repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, and
15741574 amendments thereto, K.S.A. 2022 Supp. 21-6419 through 21-6422, and
15751575 amendments thereto, or human trafficking or aggravated human
15761576 trafficking, as defined in K.S.A. 21-3446 or 21-3447, prior to their repeal,
15771577 or K.S.A. 2022 Supp. 21-5426, and amendments thereto, shall not be
15781578 disclosed or open to public inspection under any circumstances. Nothing in
15791579 this section shall prohibit the victim or any alleged victim of any sex
15801580 offense from voluntarily disclosing such victim's identity.
15811581 (d) Relevant information, reports and records, shall be made available
15821582 to the department of corrections upon request and a showing that the
15831583 former juvenile has been convicted of a crime and placed in the custody of
15841584 the secretary of corrections.
15851585 (e) All records, reports and information obtained as a part of the
15861586 juvenile intake and assessment process for juveniles shall be confidential,
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16301630 and shall not be disclosed except as provided by statutory law and rules
16311631 and regulations promulgated by the secretary.
16321632 (1) Any court of record may order the disclosure of such records,
16331633 reports and other information to any person or entity.
16341634 (2) The head of any juvenile intake and assessment program, certified
16351635 by the secretary, may authorize disclosure of such records, reports and
16361636 other information to:
16371637 (A) A person licensed to practice the healing arts who has before that
16381638 person a juvenile whom the person reasonably suspects may be abused or
16391639 neglected;
16401640 (B) a court-appointed special advocate for a juvenile or an agency
16411641 having the legal responsibility or authorization to care for, treat or
16421642 supervise a juvenile;
16431643 (C) a parent or other person responsible for the welfare of a juvenile,
16441644 or such person's legal representative, with protection for the identity of
16451645 persons reporting and other appropriate persons;
16461646 (D) the juvenile, the attorney and a guardian ad litem, if any, for such
16471647 juvenile;
16481648 (E) the police or other law enforcement agency;
16491649 (F) an agency charged with the responsibility of preventing or
16501650 treating physical, mental or emotional abuse or neglect or sexual abuse of
16511651 children, if the agency requesting the information has standards of
16521652 confidentiality as strict or stricter than the requirements of the Kansas code
16531653 for care of children or the revised Kansas juvenile justice code, whichever
16541654 is applicable;
16551655 (G) members of a multidisciplinary team under this code;
16561656 (H) an agency authorized by a properly constituted authority to
16571657 diagnose, care for, treat or supervise a child who is the subject of a report
16581658 or record of child abuse or neglect;
16591659 (I) any individual, or public or private agency authorized by a
16601660 properly constituted authority to diagnose, care for, treat or supervise a
16611661 juvenile who is the subject of a report or record of child abuse or neglect,
16621662 specifically including the following: Physicians, psychiatrists, nurses,
16631663 nurse practitioners, psychologists, licensed social workers, child
16641664 development specialists, physician assistants, community mental health
16651665 workers, addiction counselors and licensed or registered child care
16661666 providers;
16671667 (J) a citizen review board pursuant to K.S.A. 38-2207, and
16681668 amendments thereto;
16691669 (K) an educational institution to the extent necessary to enable such
16701670 institution to provide the safest possible environment for pupils and
16711671 employees of the institution;
16721672 (L) any educator to the extent necessary for the protection of the
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17161716 educator and pupils;
17171717 (M) any juvenile intake and assessment worker of another certified
17181718 juvenile intake and assessment program; and
17191719 (N) the interstate compact for juveniles compact administrator for the
17201720 purpose of carrying out the responsibilities related to the interstate
17211721 compact for juveniles; and
17221722 (O) the office of the child advocate.
17231723 Sec. 14. K.S.A. 38-2213, 38-2309 and 38-2310 and K.S.A. 2022
17241724 Supp. 38-2211 and 38-2212 are hereby repealed.
17251725 Sec. 15. This act shall take effect and be in force from and after its
17261726 publication in the statute book.
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