Session of 2023
HOUSE BILL No. 2443
By Committee on Appropriations
2-23
AN ACT concerning children and minors; establishing the office of the
child advocate as an independent state agency and the child advocate
advisory board; prescribing certain powers, duties and functions
thereof; allowing disclosure of confidential records to the child
advocate; amending K.S.A. 38-2213, 38-2309 and 38-2310 and K.S.A.
2022 Supp. 38-2211 and 38-2212.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) As used in sections 1 through 8, and amendments
thereto:
(1) "Child" means any individual under 18 years of age who:
(A) Is in the custody of the secretary for children and families;
(B) may be alleged to be a child in need of care as provided in K.S.A.
38-2201 et seq., and amendments thereto;
(C) is alleged to be a child in need of care as provided in K.S.A. 38-
2201 et seq.; or
(D) is currently or was receiving services or treatment from the
department of corrections; and
(2) "office" means the office of the child advocate that includes the
child advocate and staff.
New Sec. 2. (a) There is hereby established the office of the child
advocate, the head of which shall be the child advocate. In the
performance of the powers, duties and functions prescribed by law, the
office shall be an independent state agency. The child advocate shall be
appointed pursuant to section 5, and amendments thereto.
(b) The purpose of the office is to ensure that children and families
receive adequate coordination of child welfare services, child maltreatment
prevention, protection and care through services offered by the Kansas
department for children and families or the department's contracting
entities, the Kansas department for aging and disability services, the
department of corrections, the department of health and environment and
juvenile courts.
(c) The child advocate shall receive, investigate and attempt to
resolve complaints from any persons involved with the child welfare
system alleging that the Kansas department for children and families or the
department's contracting entities, the department of corrections, the
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judicial branch or another child welfare stakeholder has provided
inadequate protection or care of children and assist the state of Kansas in
conducting oversight of the child welfare system to improve the safety and
wellbeing of children.
(d) The child advocate shall perform the duties required by sections 1
through 8, and amendments thereto, independently from state agencies and
other entities under review by the office and report directly to the office of
the child advocate advisory board.
New Sec. 3. (a) There is hereby established an independent and
nonpartisan child advocate advisory board.
(b) The board has the following duties and responsibilities in
overseeing the office of the child advocate:
(1) On or before December 1, 2023, appoint the child advocate, and
as necessary thereafter pursuant to section 5, and amendments thereto;
(2) for good cause and subject to a
2
/3 vote of the board, terminate the
child advocate;
(3) fill any vacancy of the child advocate;
(4) evaluate the child advocate's performance and receive feedback
on the child advocate's performance;
(5) develop a public complaint process related to the child advocate's
performance;
(6) oversee and advise the child advocate on the office's purpose;
(7) promote and ensure access to the office;
(8) provide fiscal oversight of the office's budget; and
(9) ensure compliance with the provisions of sections 1 through 8,
and amendments thereto, and any state or federal laws relating to child
welfare.
(c) Membership of the board shall not exceed 12 members and to the
extent practicable, include individuals from across the state, with different
abilities and ethnic diversity. All members shall have child welfare policy
or system expertise or experience.
(d) The board members shall be appointed before August 1, 2023, as
follows:
(1) The chief justice of the Kansas supreme court shall appoint:
(A) An individual with experience as a respondent parents' counsel;
(B) an individual with experience defending juveniles in court
proceedings;
(C) an individual with legal experience in child in need of care cases
or who served as a guardian ad litem; and
(D) an individual with experience in juvenile justice;
(2) the governor shall appoint:
(A) An individual with previous professional experience with a social
service agency in a rural area;
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(B) an individual with previous professional experience with the
Kansas department for children and families;
(C) an individual with previous professional experience with a social
service agency in an urban area; and
(D) an individual with professional experience in primary or
secondary education;
(3) the president and minority leader of the Senate shall appoint:
(A) An individual who was a child in need of care; and
(B) an individual with professional experience providing mental
health services to a child in need of care; and
(4) the speaker and the minority leader of the House of
Representatives shall appoint:
(A) A current or former foster parent; and
(B) a healthcare professional with previous experience with child
abuse and neglect cases.
(e) Board members shall serve for a term of four years, except that
two members first appointed by the chief justice and the governor and one
member appointed by the president and minority leader of the senate and
the speaker and the minority leader of the house of representatives shall
serve a term of two years determined by the appointing authority.
(f) Whenever a vacancy occurs, such vacancy shall be filled in the
same manner as the vacated appointment.
(g) The board shall meet twice a year and may meet additionally as
needed. At least one meeting per year shall not be held in the Topeka
metropolitan area.
(h) Members of the board shall serve without compensation, but may
be reimbursed for actual and reasonable expenses incurred in the
performance of the board member's duties. Such expenses shall be paid by
the office of the child advocate from the office of the child advocate fund.
(i) The board shall be subject to the provisions of the open meetings
act, except to discuss personnel matters of non-elected personnel and to
discuss matters relating to the care of children pursuant to K.S.A. 38-2212
or 38-2213, and amendments thereto, and the federal child abuse
prevention and treatment act.
(j) The records of the board shall be subject to the provisions of the
open records act, except records pursuant to K.S.A. 45-221, and
amendments thereto.
New Sec. 4. (a) To fulfill the purpose of the office pursuant to section
2, and amendments thereto, the child advocate shall:
(1) Independently and impartially investigate complaints submitted to
the office. The child advocate may seek resolution of the complaint, which
may include, but not be limited to, referring a complaint to a state agency
or other entity for action;
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(2) address complaints made by or on behalf of a child that relate to
state agencies, service providers, including contractors, subcontractors and
any juvenile court, that may adversely affect the health, safety, welfare,
permanency or wellbeing of such child;
(3) establish a procedure for receiving, processing, responding to and
resolving such complaints;
(4) ensure confidentiality of all complaints, including the identity of a
complainant or reporter, unless disclosure is deemed necessary for the
child advocate to perform the child advocate's duties, with consent from
such complainant or reporter;
(5) receive and exchange records as provided in K.S.A. 38-2201 et
seq. and 38-2301 et seq., and amendments thereto, to make inquiries and
review relevant information and records that the office deems necessary
for investigations;
(6) compile, collect and preserve a record of complaints received and
processed that may reveal concerning patterns to be addressed;
(7) submit any findings and recommendations to the Kansas
department for children and families and recommend changes to policies
and procedures to improve the delivery of child welfare services;
(8) recommend changes to policies, procedures or adopted or
proposed rules and regulations of any state or local agency that adversely
affect or may adversely affect the health, safety, welfare, permanency or
wellbeing of any child;
(9) analyze and monitor the development and implementation of
federal, state and local laws, rules and regulations and policies with respect
to child welfare services in the state and recommend changes in such laws,
rules and regulations and polices to the Kansas department for children
and families or the department's contracting entities, the Kansas
department for aging and disability services, the department of health and
environment, the department of corrections, juvenile courts, the legislature
and the governor;
(10) inform and educate children, their guardians and families of the
child's rights and entitlements pursuant to state and federal laws; and
(11) fulfill responsibilities in this section guided by generally
accepted principles of best practices in child welfare.
(b) To fulfill the purpose of the office pursuant to section 2, and
amendments thereto, the child advocate may:
(1) Access records as provided in K.S.A. 38-2201 et seq. and 38-2301
et seq., and amendments thereto, related to complaints received;
(2) access all written reports of child abuse and neglect maintained by
the secretary for children and families related to complaints received;
(3) communicate privately with any child or child’s siblings, after
consultation with treatment professionals and service providers, and with
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anyone working with the child, including the family, relatives, employees
of the Kansas department for children and families or the department's
contracting entities, Kansas department for aging and disability services,
juvenile courts and other persons or entities providing treatment and child
welfare services to such child;
(4) work in conjunction with guardians ad litem;
(5) file any of the office's findings or reports regarding a parent or
child with the appropriate court with jurisdiction over a child in need of
care case involving such child, and issue recommendations regarding the
disposition of an investigation to the court and to the investigating agency,
but shall not intervene in divorce, protection from abuse, juvenile offender,
child in need of care, administrative hearings, civil or criminal
proceedings;
(6) file amicus curiae briefs of the findings and recommendations of
the office in appeals from child in need of care matters;
(7) utilize the resources of the office of the attorney general, as
necessary, to carry out any duties of the child advocate and receive legal
counsel or services;
(8) initiate meetings with personnel from the Kansas department for
children and families or the department's contracting entities, Kansas
department for aging and disability services and juvenile courts;
(9) apply for and accept grants, gifts and bequests of moneys from
other state, interstate or federal agencies, independent authorities, private
firms, individuals or foundations to carry out the child advocate's duties
and responsibilities, and such moneys shall be deposited in the office of
the child advocate fund and shall be expended in accordance with the
provisions of the grant or bequest;
(10) establish local panels on a regional or county basis to adequately
and efficiently carry out the functions and duties of the office and address
complaints in a timely manner as appropriate; and
(11) conduct an independent review of any policy, procedure or
practice that is the subject of a complaint submitted as provided in this
section.
(c) Nothing in this section shall create a just cause for delay of court
proceedings or excuse any court, county attorney or district attorney,
guardian ad litem or other agency from their duties in proceedings related
to a child.
(d) No review of any complaint shall require any licensed
professional to engage or not engage in conduct required or prohibited by
any governing professional code of responsibility or conduct.
New Sec. 5. (a) The office shall be administered by the child
advocate, who shall be appointed by the child advocate advisory board and
subject to confirmation by the senate as provided in K.S.A. 75-4315b, and
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amendments thereto, for a term of four years. The first child advocate shall
be appointed and confirmed on or before January 1, 2024, and on or before
January 1 every four years thereafter.
(b) The child advocate shall be a person that either holds a current
relevant license that would authorize the individual to work as a licensed
professional as a case manager, behavioral health professional or attorney
for a child in need of care or has seven or more years of experience in the
field of child welfare. The child advocate shall not be a current, or have
been employed within the past 12 months as an executive or manager of
any program or agency or contracting agency subject to oversight by the
office.
(c) The office of the child advocate shall be under the direct
supervision of the child advocate.
(d) The child advocate may appoint employees as the office may
require to fulfill the office's duties. Employees in the office shall be in the
unclassified service and serve at the pleasure of the child advocate. The
child advocate shall fix the compensation of each such employee subject to
appropriations therefor.
(e) Any employee of the office shall be immune from suit and
liability, in an official capacity and personally, for the good faith
performance of duties prescribed in sections 1 through 8, and amendments
thereto.
New Sec. 6. (a) On or before the first day of the regular legislative
session in 2024, and each year thereafter, the child advocate shall submit
an annual report to the governor, the house of representatives standing
committee on child welfare and foster care, the senate standing committee
on public health and welfare, or any successor committees thereof, the
joint committee on child welfare system oversight and the office of
judicial administration.
(b) Such report shall include, but not be limited to, the number of
complaints received by the office, the disposition of such complaints, the
number of children involved in such complaints, the state agencies or other
entities named in such complaints, whether such complaints were found to
be supported or unsupported and any recommendations for improving the
delivery of child welfare services to reduce complaints or improving the
function of the office and recommendations for changes in Kansas law.
(c) Such reports shall not include names or personally identifiable
information of children, guardians or families in complaints.
(d) Such reports are not subject to change by the the house of
representatives standing committee on child welfare and foster care, the
senate standing committee on public health and welfare, or any successor
committees thereof, or the joint committee on child welfare system
oversight except that any such committee may request additional
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information not subject to subsection (f) that was gathered as part of the
report but was not presented in the written report may be added to
subsequent copies of the report or may be distributed separately.
(e) Annual reports submitted as provided in this section shall not be
disclosed pursuant to the provisions of the open records act or any other
law until:
(1) The time of the next scheduled meeting of either the house of
representatives standing committee on child welfare and foster care or the
senate standing committee on public health and welfare, or any successor
committees thereof, held after distribution of the report to members of
such committee; or
(2) the time of the next scheduled meeting of another legislative
committee held after distribution of the report to the members of such
committee as authorized by the house of representatives standing
committee on child welfare and foster care or the senate standing
committee on public health and welfare, or any successor committees
thereof.
(f) The provisions of this subsection providing for confidentiality of
records shall expire on July 1, 2028, unless the legislature reviews and acts
to continue such provisions pursuant to K.S.A. 45-229, and amendments
thereto, prior to July 1, 2028.
(g) For any information or records obtained from a state agency or
other entity pursuant to sections 1 through 8, and amendments thereto, the
office shall be subject to K.S.A. 38-2201 et seq. and 38-2301 et seq., and
amendments thereto, and any federal statutory disclosure restrictions and
confidentiality requirements that are applicable to the state agency or other
entity providing such information to the office. Information or records
obtained shall not be further disclosed.
New Sec. 7. (a) The reports, statements, witness testimony, affidavits,
memoranda, proceedings, findings and other records or data submitted to,
considered by or generated by the office of the child advocate, whether
oral or written, shall be privileged and shall not be disclosed to any person
or entity, be admissible in any civil action, administrative proceeding or
disciplinary board of this state, be subject to discovery, subpoena or other
means of legal compulsion for their release to any person or entity or be
admissible in evidence in any judicial or administrative proceeding, unless
the child advocate is already a party to such proceedings. Information
contained in such records shall not be discoverable or admissible at trial in
the form of testimony by the child advocate, an individual who is an
employee of the office of the child advocate or individual acting on behalf
of the child advocate, unless such individual is already a party to such
proceedings.
(b) The child advocate, any employee of the office of the child
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advocate or person acting on behalf of the child advocate shall be immune
from civil liability, either personally or in their official capacity, including,
but not limited to, claims of damage to or loss of property or personal
injury that are caused by or arising out of the performance of duties of the
office. This subsection shall not be construed to protect from suit or
liability when caused by the intentional or willful or wanton misconduct of
such persons.
(c) (1) No person shall take reprisal or retaliatory action against any
recipient of child welfare services or employee of the Kansas department
for children and families and the department's contracting entities, the
Kansas department for aging and disability services, the department of
corrections, the department of health and environment and juvenile courts
for any communication made or information given to the office for the
purpose of compliance with sections 1 through 8, and amendments thereto.
Any person who knowingly violates the provisions of this paragraph shall
be guilty of a class A nonperson misdemeanor.
(2) No employee of the office of the child advocate shall:
(A) Knowingly disclose false information; or
(B) disclose confidential information without lawful authority.
(3) Disclosure or use of any such information received by the office
of the child advocate or of any record containing such information, for any
purpose other than that provided for in law shall constitute grounds for
removal from office or termination of employment.
(d) As used in this section, "reprisal or retaliatory action" shall
include, but not be limited to:
(1) Letters of reprimand or unsatisfactory performance evaluations;
(2) transfer;
(3) demotion;
(4) reduction in pay;
(5) denial of promotion;
(6) suspension;
(7) dismissal; and
(8) denial of employment.
New Sec. 8. (a) The annual budget request of the office shall be
prepared by the child advocate and presented to the child advocate
advisory board. Upon approval by the child advocate advisory board, the
child advocate shall submit such budget request to the director of the
budget as other budget requests are submitted pursuant K.S.A. 75-3717,
and amendments thereto.
(b) There is established in the state treasury the office of the child
advocate fund. Such fund shall be administered by the child advocate. All
expenditures from appropriations to the office shall be made upon warrants
of the director of accounts and reports issued pursuant to vouchers
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approved by the child advocate or the child advocate's designee. All
moneys received by or for the child advocate shall be deposited in the state
treasury in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto.
Sec. 9. K.S.A. 2022 Supp. 38-2211 is hereby amended to read as
follows: 38-2211. (a) Access to the official file. The following persons or
entities shall have access to the official file of a child in need of care
proceeding pursuant to this code:
(1) The court having jurisdiction over the proceedings, including the
presiding judge and any court personnel designated by the judge.
(2) The parties to the proceedings and their attorneys.
(3) The guardian ad litem for a child who is the subject of the
proceeding.
(4) A court appointed court-appointed special advocate for a child
who is the subject of the proceeding or a paid staff member of a court
appointed special advocate program.
(5) Any individual, or any public or private agency or institution,
having custody of the child under court order or providing educational,
medical or mental health services to the child or any placement provider or
potential placement provider as determined by the secretary or court
services officer.
(6) A citizen review board.
(7) The secretary of corrections or any agents designated by the
secretary of corrections.
(8) Any county or district attorney from another jurisdiction with a
pending child in need of care matter regarding any of the same parties.
(9) Any other person when authorized by a court order, subject to any
conditions imposed by the order.
(10) The commission on judicial performance in the discharge of the
commission's duties pursuant to article 32 of chapter 20 of the Kansas
Statutes Annotated, and amendments thereto.
(11) An investigating law enforcement agency.
(12) The office of the child advocate.
(b) Access to the social file. The following persons or entities shall
have access to the social file of a child in need of care proceeding pursuant
to this code:
(1) The court having jurisdiction over the proceeding, including the
presiding judge and any court personnel designated by the judge.
(2) The attorney for a party to the proceeding or the person or persons
designated by an Indian tribe that is a party.
(3) The guardian ad litem for a child who is the subject of the
proceeding.
(4) A court appointed court-appointed special advocate for a child
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who is the subject of the proceeding or a paid staff member of a court
appointed special advocate program.
(5) A citizen review board.
(6) The secretary.
(7) The secretary of corrections or any agents designated by the
secretary of corrections.
(8) Any county or district attorney from another jurisdiction with a
pending child in need of care matter regarding any of the same parties or
interested parties.
(9) Any other person when authorized by a court order, subject to any
conditions imposed by the order.
(10) An investigating law enforcement agency.
(11) The office of the child advocate.
(c) Preservation of records. The Kansas state historical society shall
be allowed to take possession for preservation in the state archives of any
court records related to proceedings under the Kansas code for care of
children whenever such records otherwise would be destroyed. No such
records in the custody of the Kansas state historical society shall be
disclosed directly or indirectly to anyone for 70 years after creation of the
records, except as provided in subsections (a) and (b). Pursuant to
subsections (a)(9) (a)(10) and (b)(9) (b)(10), a judge of the district court
may allow inspection for research purposes of any court records in the
custody of the Kansas state historical society related to proceedings under
the Kansas code for care of children.
Sec. 10. K.S.A. 2022 Supp. 38-2212 is hereby amended to read as
follows: 38-2212. (a) Principle of appropriate access. Information
contained in confidential agency records concerning a child alleged or
adjudicated to be in need of care may be disclosed as provided in this
section and shall be disclosed as provided in subsection (e). Disclosure
shall in all cases be guided by the principle of providing access only to
persons or entities with a need for information that is directly related to
achieving the purposes of this code.
(b) Free exchange of information. Pursuant to K.S.A. 38-2210, and
amendments thereto, the secretary and juvenile intake and assessment
agencies shall participate in the free exchange of information concerning a
child who is alleged or adjudicated to be in need of care.
(c) Necessary access. The following persons or entities shall have
access to information from agency records. Access shall be limited to
information reasonably necessary to carry out their lawful responsibilities,
to maintain their personal safety and the personal safety of individuals in
their care, or to educate, diagnose, treat, care for or protect a child alleged
to be in need of care. Information authorized to be disclosed pursuant to
this subsection shall not contain information that identifies a reporter of a
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child who is alleged or adjudicated to be a child in need of care.
(1) A child named in the report or records, a guardian ad litem
appointed for the child and the child's attorney.
(2) A parent or other person responsible for the welfare of a child, or
such person's legal representative.
(3) A court-appointed special advocate for a child, a citizen review
board or other advocate that reports to the court.
(4) A person licensed to practice the healing arts or mental health
profession in order to diagnose, care for, treat or supervise:
(A) A child whom such service provider reasonably suspects may be
in need of care;
(B) a member of the child's family; or
(C) a person who allegedly abused or neglected the child.
(5) A person or entity licensed or registered by the secretary of health
and environment or approved by the secretary for children and families to
care for, treat or supervise a child in need of care.
(6) A coroner or medical examiner when such person is determining
the cause of death of a child.
(7) The state child death review board established under K.S.A. 22a-
243, and amendments thereto.
(8) An attorney for a private party who files a petition pursuant to
K.S.A. 38-2233(b), and amendments thereto.
(9) A foster parent, prospective foster parent, permanent custodian,
prospective permanent custodian, adoptive parent or prospective adoptive
parent. In order to assist such persons in making an informed decision
regarding acceptance of a particular child, to help the family anticipate
problems that may occur during the child's placement, and to help the
family meet the needs of the child in a constructive manner, the secretary
shall seek and shall provide the following information to such persons as
the information becomes available to the secretary:
(A) Strengths, needs and general behavior of the child;
(B) circumstances that necessitated placement;
(C) information about the child's family and the child's relationship to
the family that may affect the placement;
(D) important life experiences and relationships that may affect the
child's feelings, behavior, attitudes or adjustment;
(E) medical history of the child, including third-party coverage that
may be available to the child; and
(F) education history, to include present grade placement, special
strengths and weaknesses.
(10) The state protection and advocacy agency as provided by K.S.A.
65-5603(a)(10) or K.S.A. 74-5515(a)(2)(A) and (B), and amendments
thereto.
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(11) Any educational institution to the extent necessary to enable the
educational institution to provide the safest possible environment for its
pupils and employees.
(12) Any educator to the extent necessary to enable the educator to
protect the personal safety of the educator and the educator's pupils.
(13) Any other federal, state or local government executive branch
entity or any agent of such entity, having a need for such information in
order to carry out such entity's responsibilities under the law to protect
children from abuse and neglect.
(14) The office of the child advocate.
(d) Specified access. The following persons or entities shall have
access to information contained in agency records as specified.
Information authorized to be disclosed pursuant to this subsection shall not
contain information that identifies a reporter of a child who is alleged or
adjudicated to be a child in need of care.
(1) Information from confidential agency records of the Kansas
department for children and families, a law enforcement agency or any
juvenile intake and assessment worker of a child alleged or adjudicated to
be in need of care shall be available to members of the standing house or
senate committee on judiciary, house committee on corrections and
juvenile justice, house committee on appropriations, senate committee on
ways and means, legislative post audit committee and any joint committee
with authority to consider children's and families' issues, when carrying
out such member's or committee's official functions in accordance with
K.S.A. 75-4319, and amendments thereto, in a closed or executive
meeting. Except in limited conditions established by
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/3 of the members of
such committee, records and reports received by the committee shall not
be further disclosed. Unauthorized disclosure may subject such member to
discipline or censure from the house of representatives or senate. The
secretary for children and families shall not summarize the outcome of
department actions regarding a child alleged to be a child in need of care
in information available to members of such committees.
(2) The secretary for children and families may summarize the
outcome of department actions regarding a child alleged to be a child in
need of care to a person having made such report.
(3) Information from confidential reports or records of a child alleged
or adjudicated to be a child in need of care may be disclosed to the public
when:
(A) The individuals involved or their representatives have given
express written consent; or
(B) the investigation of the abuse or neglect of the child or the filing
of a petition alleging a child to be in need of care has become public
knowledge, provided, however, that the agency shall limit disclosure to
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confirmation of procedural details relating to the handling of the case by
professionals.
(e) Law enforcement access. The secretary shall disclose confidential
agency records of a child alleged or adjudicated to be a child in need of
care, as described in K.S.A. 38-2209, and amendments thereto, to the law
enforcement agency investigating the alleged or substantiated report or
investigation of abuse or neglect, regardless of the disposition of such
report or investigation. Such records shall include, but not be limited to,
any information regarding such report or investigation, records of past
reports or investigations concerning such child and such child's siblings
and the perpetrator or alleged perpetrator and the name and contact
information of the reporter or persons alleging abuse or neglect and case
managers, investigators or contracting agency entity employees assigned to
or investigating such report. Such records shall only be used for the
purposes of investigating the alleged or substantiated report or
investigation of abuse or neglect.
(f) Court order. Notwithstanding the provisions of this section, a
court of competent jurisdiction, after in camera inspection, may order
disclosure of confidential agency records pursuant to a determination that
the disclosure is in the best interests of the child who is the subject of the
reports or that the records are necessary for the proceedings of the court.
The court shall specify the terms of disclosure and impose appropriate
limitations.
(g) (1) Notwithstanding any other provision of law to the contrary,
except as provided in paragraph (6), in the event that child abuse or
neglect results in a child fatality or near fatality, reports or records of a
child alleged or adjudicated to be in need of care received by the secretary,
a law enforcement agency or any juvenile intake and assessment worker
shall become a public record and subject to disclosure pursuant to K.S.A.
45-215, and amendments thereto.
(2) Within seven days of receipt of a request in accordance with the
procedures adopted under K.S.A. 45-220, and amendments thereto, the
secretary shall notify any affected individual that an open records request
has been made concerning such records. The secretary or any affected
individual may file a motion requesting the court to prevent disclosure of
such record or report, or any select portion thereof. Notice of the filing of
such motion shall be provided to all parties requesting the records or
reports, and such party or parties shall have a right to hearing, upon
request, prior to the entry of any order on such motion. If the affected
individual does not file such motion within seven days of notification, and
the secretary has not filed a motion, the secretary shall release the reports
or records. If such motion is filed, the court shall consider the effect such
disclosure may have upon an ongoing criminal investigation, a pending
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prosecution, or the privacy of the child, if living, or the child's siblings,
parents or guardians, and the public's interest in the disclosure of such
records or reports. The court shall make written findings on the record
justifying the closing of the records and shall provide a copy of the journal
entry to the affected parties and the individual requesting disclosure
pursuant to the Kansas open records act, K.S.A. 45-215 et seq., and
amendments thereto.
(3) Notwithstanding the provisions of paragraph (2), in the event that
child abuse or neglect results in a child fatality, the secretary shall release
the following information in response to an open records request made
pursuant to the Kansas open records act, within seven business days of
receipt of such request, as allowed by applicable law:
(A) Age and sex of the child;
(B) date of the fatality;
(C) a summary of any previous reports of abuse or neglect received
by the secretary involving the child, along with the findings of such
reports; and
(D) any department recommended services provided to the child.
(4) Notwithstanding the provisions of paragraph (2), in the event that
a child fatality occurs while such child was in the custody of the secretary
for children and families, the secretary shall release the following
information in response to an open records request made pursuant to the
Kansas open records act, within seven business days of receipt of such
request, as allowed by applicable law:
(A) Age and sex of the child;
(B) date of the fatality; and
(C) a summary of the facts surrounding the death of the child.
(5) For reports or records requested pursuant to this subsection, the
time limitations specified in this subsection shall control to the extent of
any inconsistency between this subsection and K.S.A. 45-218, and
amendments thereto. As used in this section, "near fatality" means an act
that, as certified by a person licensed to practice medicine and surgery,
places the child in serious or critical condition.
(6) Nothing in this subsection shall allow the disclosure of reports,
records or documents concerning the child and such child's biological
parents that were created prior to such child's adoption. Nothing herein in
this section is intended to require that an otherwise privileged
communication lose its privileged character.
Sec. 11. K.S.A. 38-2213 is hereby amended to read as follows: 38-
2213. (a) Principle of limited disclosure. Information contained in
confidential law enforcement records concerning a child alleged or
adjudicated to be in need of care may be disclosed as provided in this
section. Disclosure shall in all cases be guided by the principle of
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providing access only to persons or entities with a need for information
that is directly related to achieving the purposes of this code.
(b) Free exchange of information. Pursuant to K.S.A. 38-2210, and
amendments thereto, a law enforcement agency shall participate in the free
exchange of information concerning a child who is alleged or adjudicated
to be in need of care.
(c) Access to information in law enforcement records. In order to
discharge their official duties, the following persons or entities shall have
access to confidential law enforcement records concerning a child alleged
or adjudicated to be in need of care.
(1) The court having jurisdiction over the proceedings, including the
presiding judge and any court personnel designated by the judge.
(2) The secretary.
(3) The commissioner of juvenile justice secretary of corrections.
(4) Law enforcement officers or county or district attorneys or their
staff.
(5) Any juvenile intake and assessment worker.
(6) Members of a court-appointed multidisciplinary team.
(7) The office of the child advocate.
(8) Any other federal, state or local government executive branch
entity, or any agent of such entity, having a need for such information in
order to carry out such entity's responsibilities under law to protect
children from abuse and neglect.
(8)(9) Persons or entities allowed access pursuant to subsection (f) of
K.S.A. 38-2212(f), and amendments thereto.
(d) Necessary access. The following persons or entities shall have
access to information from law enforcement records when reasonably
necessary to carry out their lawful responsibilities, to maintain their
personal safety and the personal safety of individuals in their care, or to
educate, diagnose, treat, care for or protect a child alleged or adjudicated
to be in need of care. Information authorized to be disclosed in this
subsection shall not contain information which that identifies a reporter of
a child alleged or adjudicated to be a child in need of care.
(1) Any individual, or public or private agency authorized by a
properly constituted authority to diagnose, care for, treat or supervise a
child who is the subject of a report or record of child abuse or neglect,
including physicians, psychiatrists, nurses, nurse practitioners,
psychologists, licensed social workers, child development specialists,
physician assistants, community mental health workers, alcohol and drug
abuse counselors, and licensed or registered child care providers.
(2) School administrators shall have access to but shall not copy law
enforcement records and may disclose information to teachers,
paraprofessionals and other school personnel as necessary to meet the
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educational needs of the child or to protect the safety of students and
school employees.
(3) The department of health and environment or persons authorized
by the department of health and environment pursuant to K.S.A. 65-512,
and amendments thereto, for the purposes of carrying out responsibilities
relating to licensure or registration of child care providers as required by
article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
thereto.
(e) Legislative access. Information from law enforcement records of a
child alleged or adjudicated to be in need of care shall be available to
members of the standing house or senate committee on judiciary, house
committee on corrections and juvenile justice, house committee on
appropriations, senate committee on ways and means, legislative post audit
committee and any joint committee with authority to consider children's
and families' issues, when carrying out such member's or committee's
official functions in accordance with K.S.A. 75-4319, and amendments
thereto, in a closed or executive meeting. Except in limited conditions
established by
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/3 of the members of such committee, records and reports
received by the committee shall not be further disclosed. Unauthorized
disclosure may subject such member to discipline or censure from the
house of representatives or senate.
(f) Court order. Notwithstanding the provisions of this section, a
court of competent jurisdiction, after in camera inspection, may order
disclosure of confidential law enforcement records pursuant to a
determination that the disclosure is in the best interests of the child who is
the subject of the reports or that the records are necessary for the
proceedings of the court and otherwise admissible as evidence. The court
shall specify the terms of disclosure and impose appropriate limitations.
Sec. 12. K.S.A. 38-2309 is hereby amended to read as follows: 38-
2309. (a) Official file. The official file of proceedings pursuant to this code
shall consist of the complaint, process, service of process, orders, writs and
journal entries reflecting hearings held, judgments and decrees entered by
the court. The official file shall be kept separate from other records of the
court.
(b) The official file shall be open for public inspection, unless the
judge determines that opening the official file for public inspection is not
in the best interests of a juvenile who is less than 14 years of age.
Information identifying victims and alleged victims of sex offenses, as
defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior
to their repeal, or article 55 of chapter 21 of the Kansas Statutes
Annotated, or K.S.A. 2022 Supp. 21-6419 through 21-6422, and
amendments thereto, or human trafficking or aggravated human
trafficking, as defined in K.S.A. 21-3446 or 21-3447, prior to their repeal,
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or K.S.A. 2022 Supp. 21-5426, and amendments thereto, shall not be
disclosed or open to public inspection under any circumstances. Nothing in
this section shall prohibit the victim or alleged victim of any sex offense
from voluntarily disclosing such victim's identity. An official file closed
pursuant to this section and information identifying the victim or alleged
victim of any sex offense shall be disclosed only to the following:
(1) A judge of the district court and members of the staff of the court
designated by the judge;
(2) parties to the proceedings and their attorneys;
(3) any individual or any public or private agency or institution:
(A) Having custody of the juvenile under court order; or
(B) providing educational, medical or mental health services to the
juvenile;
(4) the juvenile's court appointed special advocate;
(5) any placement provider or potential placement provider as
determined by the commissioner or court services officer;
(6) law enforcement officers or county or district attorneys, or their
staff, when necessary for the discharge of their official duties;
(7) the Kansas racing commission, upon written request of the
commission chairperson, for the purpose provided by K.S.A. 74-8804, and
amendments thereto, except that information identifying the victim or
alleged victim of any sex offense shall not be disclosed pursuant to this
subsection;
(8) juvenile intake and assessment workers;
(9) the commissioner;
(10) the office of the child advocate;
(11) any other person when authorized by a court order, subject to any
conditions imposed by the order; and
(11)(12) the commission on judicial performance in the discharge of
the commission's duties pursuant to article 32 of chapter 20 of the Kansas
Statutes Annotated, and amendments thereto.
(c) (1) Social file. Reports and information received by the court,
other than the official file, shall be privileged and open to inspection only
by:
(A) Attorneys for the parties,;
(B) juvenile intake and assessment workers,;
(C) court appointedcourt-appointed special advocates,;
(D) juvenile community corrections officers,;
(E) the juvenile's guardian ad litem, if any,;
(F) the office of the child advocate; or upon
(G) any other person when authorized by the order of a judge of the
district court or appellate court.
(2) The reports shall not be further disclosed without approval of the
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court or by being presented as admissible evidence.
(d) Preservation of records. The Kansas state historical society shall
be allowed to take possession for preservation in the state archives of any
court records related to proceedings under the Kansas juvenile justice code
or the revised Kansas juvenile justice code whenever such records
otherwise would be destroyed. The Kansas state historical society shall
make available for public inspection any unexpunged docket entry or
official file in its custody concerning any juvenile 14 or more years of age
at the time an offense is alleged to have been committed by the juvenile.
No other such records in the custody of the Kansas state historical society
shall be disclosed directly or indirectly to anyone for 70 years after
creation of the records, except as provided in subsections (b) and (c). A
judge of the district court may allow inspection for research purposes of
any court records in the custody of the Kansas state historical society
related to proceedings under the Kansas juvenile justice code or the
revised Kansas juvenile justice code.
(e) Relevant information, reports and records, shall be made available
to the department of corrections upon request, and a showing that the
former juvenile has been convicted of a crime and placed in the custody of
the secretary of corrections.
Sec. 13. K.S.A. 38-2310 is hereby amended to read as follows: 38-
2310. (a) All records of law enforcement officers and agencies and
municipal courts concerning an offense committed or alleged to have been
committed by a juvenile under 14 years of age shall be kept readily
distinguishable from criminal and other records and shall not be disclosed
to anyone except:
(1) The judge of the district court and members of the staff of the
court designated by the judge;
(2) parties to the proceedings and their attorneys;
(3) the Kansas department for children and families;
(4) the juvenile's court appointed special advocate, any officer of a
public or private agency or institution or any individual having custody of
a juvenile under court order or providing educational, medical or mental
health services to a juvenile;
(5) any educational institution, to the extent necessary to enable the
educational institution to provide the safest possible environment for its
pupils and employees;
(6) any educator, to the extent necessary to enable the educator to
protect the personal safety of the educator and the educator's pupils;
(7) law enforcement officers or county or district attorneys, or their
staff, when necessary for the discharge of their official duties;
(8) the central repository, as defined by K.S.A. 22-4701, and
amendments thereto, for use only as a part of the juvenile offender
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information system established under K.S.A. 38-2326, and amendments
thereto;
(9) juvenile intake and assessment workers;
(10) the department of corrections;
(11) juvenile community corrections officers;
(12) the interstate compact for juveniles compact administrator for
the purpose of carrying out the responsibilities related to the interstate
compact for juveniles;
(13) the office of the child advocate;
(14) any other person when authorized by a court order, subject to
any conditions imposed by the order; and
(14)(15) as provided in subsection (c).
(b) The provisions of this section shall not apply to records
concerning:
(1) A violation, by a person 14 or more years of age, of any provision
of chapter 8 of the Kansas Statutes Annotated, and amendments thereto, or
of any city ordinance or county resolution which that relates to the
regulation of traffic on the roads, highways or streets or the operation of
self-propelled or nonself-propelled vehicles of any kind;
(2) a violation, by a person 16 or more years of age, of any provision
of chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
or
(3) an offense for which the juvenile is prosecuted as an adult.
(c) All records of law enforcement officers and agencies and
municipal courts concerning an offense committed or alleged to have been
committed by a juvenile 14 or more years of age shall be subject to the
same disclosure restrictions as the records of adults. Information
identifying victims and alleged victims of sex offenses, as defined in
article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their
repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, and
amendments thereto, K.S.A. 2022 Supp. 21-6419 through 21-6422, and
amendments thereto, or human trafficking or aggravated human
trafficking, as defined in K.S.A. 21-3446 or 21-3447, prior to their repeal,
or K.S.A. 2022 Supp. 21-5426, and amendments thereto, shall not be
disclosed or open to public inspection under any circumstances. Nothing in
this section shall prohibit the victim or any alleged victim of any sex
offense from voluntarily disclosing such victim's identity.
(d) Relevant information, reports and records, shall be made available
to the department of corrections upon request and a showing that the
former juvenile has been convicted of a crime and placed in the custody of
the secretary of corrections.
(e) All records, reports and information obtained as a part of the
juvenile intake and assessment process for juveniles shall be confidential,
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and shall not be disclosed except as provided by statutory law and rules
and regulations promulgated by the secretary.
(1) Any court of record may order the disclosure of such records,
reports and other information to any person or entity.
(2) The head of any juvenile intake and assessment program, certified
by the secretary, may authorize disclosure of such records, reports and
other information to:
(A) A person licensed to practice the healing arts who has before that
person a juvenile whom the person reasonably suspects may be abused or
neglected;
(B) a court-appointed special advocate for a juvenile or an agency
having the legal responsibility or authorization to care for, treat or
supervise a juvenile;
(C) a parent or other person responsible for the welfare of a juvenile,
or such person's legal representative, with protection for the identity of
persons reporting and other appropriate persons;
(D) the juvenile, the attorney and a guardian ad litem, if any, for such
juvenile;
(E) the police or other law enforcement agency;
(F) an agency charged with the responsibility of preventing or
treating physical, mental or emotional abuse or neglect or sexual abuse of
children, if the agency requesting the information has standards of
confidentiality as strict or stricter than the requirements of the Kansas code
for care of children or the revised Kansas juvenile justice code, whichever
is applicable;
(G) members of a multidisciplinary team under this code;
(H) an agency authorized by a properly constituted authority to
diagnose, care for, treat or supervise a child who is the subject of a report
or record of child abuse or neglect;
(I) any individual, or public or private agency authorized by a
properly constituted authority to diagnose, care for, treat or supervise a
juvenile who is the subject of a report or record of child abuse or neglect,
specifically including the following: Physicians, psychiatrists, nurses,
nurse practitioners, psychologists, licensed social workers, child
development specialists, physician assistants, community mental health
workers, addiction counselors and licensed or registered child care
providers;
(J) a citizen review board pursuant to K.S.A. 38-2207, and
amendments thereto;
(K) an educational institution to the extent necessary to enable such
institution to provide the safest possible environment for pupils and
employees of the institution;
(L) any educator to the extent necessary for the protection of the
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educator and pupils;
(M) any juvenile intake and assessment worker of another certified
juvenile intake and assessment program; and
(N) the interstate compact for juveniles compact administrator for the
purpose of carrying out the responsibilities related to the interstate
compact for juveniles; and
(O) the office of the child advocate.
Sec. 14. K.S.A. 38-2213, 38-2309 and 38-2310 and K.S.A. 2022
Supp. 38-2211 and 38-2212 are hereby repealed.
Sec. 15. This act shall take effect and be in force from and after its
publication in the statute book.
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