KS
Kansas Senate Bill SB232

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB232 Compare Versions

The same version is selected twice. Please select two different versions to compare.
OldNewDifferences
11 Session of 2023
22 SENATE BILL No. 232
33 By Committee on Judiciary
44 2-10
55 AN ACT concerning children and minors; establishing the office of the
66 child advocate as an independent state agency and prescribing certain
77 powers, duties and functions therefor; authorizing access to certain
88 records; amending K.S.A. 38-2213, 38-2309 and 38-2310 and K.S.A.
99 2022 Supp. 38-2211 and 38-2212 and repealing the existing sections.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 New Section 1. (a) Sections 1 through 5, and amendments thereto,
1212 shall be known and may be cited as the child advocate act.
1313 (b) As used in the child advocate act:
1414 (1) "Office" means the office of the child advocate and includes the
1515 child advocate and staff; and
1616 (2) "child" means an individual less than 18 years of age at the time
1717 such individual was receiving:
1818 (A) Services from the Kansas department for children and families or
1919 any contracting agency, for whom the Kansas department of children and
2020 families has an open case file, or who has been, or whose siblings, parents
2121 or other caretakers have been the subject of a report of abuse or neglect to
2222 the Kansas department for children and families within the previous five
2323 years; or
2424 (B) services, treatment or other programs from the department of
2525 corrections.
2626 New Sec. 2. (a) There is hereby established the office of the child
2727 advocate, the head of which shall be the child advocate. In the
2828 performance of the powers, duties and functions prescribed by law, the
2929 office shall be an independent state agency. The child advocate shall be
3030 appointed by the governor and subject to confirmation by the senate as
3131 provided by K.S.A. 75-4315b, and amendments thereto.
3232 (b) (1) Except as provided by K.S.A. 46-2601, and amendments
3333 thereto, no person appointed to the position of the child advocate shall
3434 exercise any power, duty or function of the child advocate until confirmed
3535 by the senate. The child advocate shall be selected without regard to
3636 political affiliation and on the basis of integrity and capacity for effectively
3737 carrying out the duties of the office.
3838 (2) No former or current executive or manager of any program or
3939 agency or contracting agency subject to oversight by the office may be
4040 1
4141 2
4242 3
4343 4
4444 5
4545 6
4646 7
4747 8
4848 9
4949 10
5050 11
5151 12
5252 13
5353 14
5454 15
5555 16
5656 17
5757 18
5858 19
5959 20
6060 21
6161 22
6262 23
6363 24
6464 25
6565 26
6666 27
6767 28
6868 29
6969 30
7070 31
7171 32
7272 33
7373 34
7474 35
7575 36 SB 232 2
7676 appointed to the position of the child advocate within six months of that
7777 individual's period of service with such program or agency.
7878 (3) A person appointed to the position of the child advocate shall
7979 serve for a term that shall expire on January 15 of each year when the
8080 whole senate is sworn in for a new term.
8181 (4) The child advocate shall be in the unclassified service and shall
8282 receive an annual salary in an amount equal to the annual salary paid by
8383 the state to a district court judge.
8484 (5) The child advocate shall exercise independent judgment in
8585 carrying out the duties of the office. The child advocate shall serve at the
8686 pleasure of the governor.
8787 (b) (1) Subject to this subsection, the child advocate shall have
8888 general managerial control over the office of the child advocate and shall
8989 establish the organizational structure of the office as the child advocate
9090 deems appropriate to carry out the responsibilities and functions of the
9191 office.
9292 (2) All budgeting, purchasing, personnel and related administrative
9393 functions of the office shall be administered under the direction and
9494 supervision of the child advocate.
9595 (3) Within the limits of appropriations therefor, the child advocate
9696 may hire such employees in the unclassified service as are necessary to
9797 administer the office. Such employees shall serve at the pleasure of the
9898 child advocate. Subject to appropriations and this subsection, the child
9999 advocate may obtain the services of other professionals necessary to
100100 independently perform the functions of the office, including obtaining
101101 legal services as provided by K.S.A. 75-769, and amendments thereto.
102102 New Sec. 3. (a) The purpose of the office of the child advocate is to
103103 receive and resolve complaints from members of the legislature and from
104104 persons involved with the child welfare system alleging that the Kansas
105105 department for children and families, the department's contracting agencies
106106 or the department of corrections has provided inadequate protection or
107107 care of children and assist the legislature in conducting oversight of the
108108 child welfare system to improve the safety and welfare of children.
109109 (b) The office shall receive complaints that allege the Kansas
110110 department for children and families, the department's contracting agencies
111111 or the department of corrections by act or omission, failed to protect the
112112 physical or mental health, safety or welfare of any child or failed to follow
113113 established laws, rules and regulations or written policies. The child
114114 advocate shall:
115115 (1) Establish and implement procedures for receiving complaints;
116116 (2) provide the Kansas department for children and families with a
117117 notice of availability that describes the office and procedures for
118118 contacting the office. The department shall ensure such notice is
119119 1
120120 2
121121 3
122122 4
123123 5
124124 6
125125 7
126126 8
127127 9
128128 10
129129 11
130130 12
131131 13
132132 14
133133 15
134134 16
135135 17
136136 18
137137 19
138138 20
139139 21
140140 22
141141 23
142142 24
143143 25
144144 26
145145 27
146146 28
147147 29
148148 30
149149 31
150150 32
151151 33
152152 34
153153 35
154154 36
155155 37
156156 38
157157 39
158158 40
159159 41
160160 42
161161 43 SB 232 3
162162 prominently posted in department offices and facilities receiving public
163163 moneys for the care and placement of children;
164164 (3) maintain a publicly available website; and
165165 (4) publicize and notify individuals of the office's services, purpose
166166 and contact information.
167167 (c) After consultation with the joint committee on child welfare
168168 system oversight, the child advocate may establish limits for the type or
169169 number of complaints the office receives to maintain the office's ability to
170170 properly investigate and resolve such complaints considering the office's
171171 personnel, resources, authority and expertise.
172172 (d) The office shall independently investigate complaints received
173173 pursuant to subsection (b) if the office reasonably believes the complaint's
174174 allegations may be independently verified through an investigation. To
175175 investigate, the office shall:
176176 (1) Establish and implement procedures for investigating complaints;
177177 (2) have access to the following information:
178178 (A) The names and physical location of all children in protective
179179 services, treatment or other programs under the jurisdiction of the Kansas
180180 department for children and families or the department of corrections;
181181 (B) all written reports of child abuse and neglect;
182182 (C) all records of any public or private agency or institution having
183183 custody of the child under court order, providing education, medical or
184184 mental health services to the child or any placement or potential placement
185185 provider determined by the secretary for children and families; and
186186 (D) all current records required to be maintained pursuant to articles
187187 22 and 23 of chapter 38 of the Kansas Statutes Annotated, and
188188 amendments thereto;
189189 (3) communicate privately with:
190190 (A) Any child or child's siblings, after consultation with treatment
191191 professionals and service providers; and
192192 (B) anyone working with the child, including the family, relatives,
193193 employees of the Kansas department for children and families or the
194194 department of corrections and other persons or entities providing treatment
195195 and services;
196196 (4) have access to, including the right to inspect and copy, relevant
197197 child records held by law enforcement agencies, the clerk of any Kansas
198198 court, juvenile officers, public or private institutions and other agencies or
199199 persons with whom a particular child has been either voluntarily or
200200 otherwise placed for care or from whom the child has received treatment
201201 within this state or in another state;
202202 (5) work in conjunction with juvenile intake and assessment workers,
203203 juvenile community corrections officers, guardians ad litem and court-
204204 appointed special advocates; and
205205 1
206206 2
207207 3
208208 4
209209 5
210210 6
211211 7
212212 8
213213 9
214214 10
215215 11
216216 12
217217 13
218218 14
219219 15
220220 16
221221 17
222222 18
223223 19
224224 20
225225 21
226226 22
227227 23
228228 24
229229 25
230230 26
231231 27
232232 28
233233 29
234234 30
235235 31
236236 32
237237 33
238238 34
239239 35
240240 36
241241 37
242242 38
243243 39
244244 40
245245 41
246246 42
247247 43 SB 232 4
248248 (6) subpoena materials or witnesses, take statements under oath, serve
249249 interrogatories and obtain judicial enforcement of compulsory processes.
250250 (e) To resolve complaints received pursuant to subsection (b), the
251251 office shall:
252252 (1) Establish and implement procedures to resolve the complaints;
253253 (2) independently review the subject of the complaint and after the
254254 initial review of the complaint and any accompanying material, the child
255255 advocate may recommend that a department or contracting agency:
256256 (A) Consider the matter further;
257257 (B) modify or cancel the department or contracting agencies' actions;
258258 (C) alter a rule, order or internal policy;
259259 (D) explain the action further; or
260260 (E) within a reasonable time after receiving a recommendation,
261261 provide the office information concerning the department or contracting
262262 agency action to implement or not implement recommendations made by
263263 the office pursuant to this paragraph;
264264 (3) submit any findings or recommendations pursuant to paragraph
265265 (2) to the secretary for children and families or the secretary of corrections
266266 as appropriate;
267267 (4) upon reason to believe a criminal investigation is warranted, make
268268 a referral of child abuse or neglect to an appropriate law enforcement
269269 agency with jurisdiction over the matter and notify the abuse, neglect and
270270 exploitation unit of the office of the attorney general; and
271271 (5) produce reports of findings of fact or conclusions of law regarding
272272 any complaint, and, if appropriate, the attorney general may file such
273273 reports in any pending child in need of care case on behalf of the office.
274274 (f) To assist the legislature in oversight of the child welfare system,
275275 the office may:
276276 (1) Meet and discuss any matter in the scope of the child advocate act
277277 with the joint committee on child welfare system oversight in regular or
278278 executive session under the same duties of confidentiality provided for the
279279 child advocate;
280280 (2) review relevant statutes, rules and regulations, policies and
281281 procedures for the health, safety and welfare of children;
282282 (3) evaluate the effectiveness of and recommend changes to
283283 procedures for reports of child abuse and neglect for child protective
284284 services, including, but not limited to, the involvement of the Kansas
285285 department for children and families, service providers, guardians ad
286286 litem, court appointed special advocates and law enforcement agencies;
287287 and
288288 (4) review and recommend changes to law enforcement investigative
289289 procedures for and emergency responses to reports of abuse and neglect.
290290 (g) On or before the beginning of each regular session of the
291291 1
292292 2
293293 3
294294 4
295295 5
296296 6
297297 7
298298 8
299299 9
300300 10
301301 11
302302 12
303303 13
304304 14
305305 15
306306 16
307307 17
308308 18
309309 19
310310 20
311311 21
312312 22
313313 23
314314 24
315315 25
316316 26
317317 27
318318 28
319319 29
320320 30
321321 31
322322 32
323323 33
324324 34
325325 35
326326 36
327327 37
328328 38
329329 39
330330 40
331331 41
332332 42
333333 43 SB 232 5
334334 legislature, the office shall prepare and submit a report to the legislature
335335 that includes recommendations for changes in statute, proposed annual
336336 budget, personnel and any other topics the office deems appropriate to
337337 properly perform the powers, duties and functions provided by the child
338338 advocate act.
339339 (h) The annual budget request of the office shall be prepared by the
340340 child advocate and presented to the joint committee on child welfare
341341 system oversight. Upon the approval of the joint committee on child
342342 welfare system oversight, the child advocate shall be responsible for the
343343 preparation of the budget for the office of the child advocate, with such
344344 assistance as the child advocate may require. The child advocate shall
345345 submit an annual budget request to the division of budget. Such budget
346346 shall be prepared and submitted in the manner provided by K.S.A. 75-
347347 3716 and 75-3717, and amendments thereto.
348348 (i) To assist the office in the office's duties under the child advocate
349349 act, employees of the Kansas department for children and families, the
350350 department's contracting agencies, the department of corrections, juvenile
351351 intake and assessment workers, juvenile community corrections officers,
352352 guardians ad litem and court appointed special advocates shall:
353353 (1) Work diligently, promptly and in good faith to assist the office in
354354 performing the office's powers, duties and functions provided by the child
355355 advocate act;
356356 (2) provide full access to and production of records and information
357357 requested by the office in the office's duties provided by the act. Such
358358 access shall not be a violation of confidentiality of such records if
359359 provided and produced in good faith for the purposes of the act;
360360 (3) require employees and contractors of such department or agency
361361 to comply with requests from the office in such office's duties provided by
362362 the act;
363363 (4) allow employees of such department or agency to file a complaint
364364 with or provide records or information to the office without supervisory
365365 approval;
366366 (5) not willfully interfere with or obstruct any of the office's duties
367367 provided by the act; and
368368 (6) promptly meet and consult with the office upon request of the
369369 office.
370370 New Sec. 4. (a) For any information obtained from a state agency or
371371 other entity under the child advocate act, the office shall be subject to the
372372 same state and federal statutory disclosure restrictions and confidentiality
373373 requirements that are applicable to the state agency or other entity
374374 providing such information to the office.
375375 (b) Any files maintained by the office shall be confidential and
376376 disclosed only at the discretion of the child advocate, except that the
377377 1
378378 2
379379 3
380380 4
381381 5
382382 6
383383 7
384384 8
385385 9
386386 10
387387 11
388388 12
389389 13
390390 14
391391 15
392392 16
393393 17
394394 18
395395 19
396396 20
397397 21
398398 22
399399 23
400400 24
401401 25
402402 26
403403 27
404404 28
405405 29
406406 30
407407 31
408408 32
409409 33
410410 34
411411 35
412412 36
413413 37
414414 38
415415 39
416416 40
417417 41
418418 42
419419 43 SB 232 6
420420 identity of any complainant or child shall not be disclosed by the office
421421 unless:
422422 (1) The complainant or child, respectively, or the complainant's or
423423 child's legal representative, consents in writing to such disclosure; or
424424 (2) such disclosure is required by court order.
425425 (c) Any statement or communication made by the office relevant to a
426426 complaint being investigated by the office and any complaint or
427427 information made or provided in good faith by any person shall be
428428 absolutely privileged, and such person shall be immune from suit.
429429 (d) A representative of the office conducting or participating in any
430430 investigation of a complaint shall not knowingly disclose to any person
431431 other than the office, or a person authorized by the office, the name of any
432432 witness examined or any information obtained or given during such
433433 investigation. Violation of this subsection is a class A nonperson
434434 misdemeanor.
435435 (e) The office conducting or participating in any investigation of a
436436 complaint shall disclose the final result of the investigation with the
437437 consent of the child or child's legal representative.
438438 (f) The office shall not be required to testify in any court with respect
439439 to matters held to be confidential in this section, except as the court may
440440 deem necessary to enforce the provisions of the child advocate act or when
441441 otherwise required by court order.
442442 (g) The provisions of this section providing for confidentiality of
443443 records shall expire on July 1, 2028, unless the legislature acts to continue
444444 such provisions. The legislature shall review this section pursuant to
445445 K.S.A. 45-229, and amendments thereto, prior to July 1, 2028.
446446 New Sec. 5. (a) (1) Except as provided by paragraph (2), no
447447 retaliatory action shall knowingly be taken against any child or employee
448448 of the Kansas department for children and families or the department of
449449 corrections for any communication made or information given to the
450450 office. Violation of this paragraph is a class A nonperson misdemeanor.
451451 (2) Paragraph (1) shall not apply to an employee who discloses:
452452 (A) Information that such employee knows to be false or information
453453 without regard for the truth or falsity of the information; or
454454 (B) without lawful authority, information that is confidential as
455455 provided by any other provision of law.
456456 (b) As used in this section, "retaliatory action" includes, but is not
457457 limited to:
458458 (1) Letters of reprimand or unsatisfactory performance evaluations;
459459 (2) transfer;
460460 (3) demotion;
461461 (4) reduction in pay;
462462 (5) denial of promotion;
463463 1
464464 2
465465 3
466466 4
467467 5
468468 6
469469 7
470470 8
471471 9
472472 10
473473 11
474474 12
475475 13
476476 14
477477 15
478478 16
479479 17
480480 18
481481 19
482482 20
483483 21
484484 22
485485 23
486486 24
487487 25
488488 26
489489 27
490490 28
491491 29
492492 30
493493 31
494494 32
495495 33
496496 34
497497 35
498498 36
499499 37
500500 38
501501 39
502502 40
503503 41
504504 42
505505 43 SB 232 7
506506 (6) suspension;
507507 (7) dismissal; and
508508 (8) denial of employment.
509509 Sec. 6. K.S.A. 2022 Supp. 38-2211 is hereby amended to read as
510510 follows: 38-2211. (a) Access to the official file. The following persons or
511511 entities shall have access to the official file of a child in need of care
512512 proceeding pursuant to this code:
513513 (1) The court having jurisdiction over the proceedings, including the
514514 presiding judge and any court personnel designated by the judge.
515515 (2) The parties to the proceedings and their attorneys.
516516 (3) The guardian ad litem for a child who is the subject of the
517517 proceeding.
518518 (4) A court appointed special advocate for a child who is the subject
519519 of the proceeding or a paid staff member of a court appointed special
520520 advocate program.
521521 (5) Any individual, or any public or private agency or institution,
522522 having custody of the child under court order or providing educational,
523523 medical or mental health services to the child or any placement provider or
524524 potential placement provider as determined by the secretary or court
525525 services officer.
526526 (6) A citizen review board.
527527 (7) The secretary of corrections or any agents designated by the
528528 secretary of corrections.
529529 (8) Any county or district attorney from another jurisdiction with a
530530 pending child in need of care matter regarding any of the same parties.
531531 (9) The office of the child advocate pursuant to the child advocate
532532 act.
533533 (10) Any other person when authorized by a court order, subject to
534534 any conditions imposed by the order.
535535 (10)(11) The commission on judicial performance in the discharge of
536536 the commission's duties pursuant to article 32 of chapter 20 of the Kansas
537537 Statutes Annotated, and amendments thereto.
538538 (11)(12) An investigating law enforcement agency.
539539 (b) Access to the social file. The following persons or entities shall
540540 have access to the social file of a child in need of care proceeding pursuant
541541 to this code:
542542 (1) The court having jurisdiction over the proceeding, including the
543543 presiding judge and any court personnel designated by the judge.
544544 (2) The attorney for a party to the proceeding or the person or persons
545545 designated by an Indian tribe that is a party.
546546 (3) The guardian ad litem for a child who is the subject of the
547547 proceeding.
548548 (4) A court appointed special advocate for a child who is the subject
549549 1
550550 2
551551 3
552552 4
553553 5
554554 6
555555 7
556556 8
557557 9
558558 10
559559 11
560560 12
561561 13
562562 14
563563 15
564564 16
565565 17
566566 18
567567 19
568568 20
569569 21
570570 22
571571 23
572572 24
573573 25
574574 26
575575 27
576576 28
577577 29
578578 30
579579 31
580580 32
581581 33
582582 34
583583 35
584584 36
585585 37
586586 38
587587 39
588588 40
589589 41
590590 42
591591 43 SB 232 8
592592 of the proceeding or a paid staff member of a court appointed special
593593 advocate program.
594594 (5) A citizen review board.
595595 (6) The secretary.
596596 (7) The secretary of corrections or any agents designated by the
597597 secretary of corrections.
598598 (8) Any county or district attorney from another jurisdiction with a
599599 pending child in need of care matter regarding any of the same parties or
600600 interested parties.
601601 (9) The office of the child advocate pursuant to the child advocate
602602 act.
603603 (10) Any other person when authorized by a court order, subject to
604604 any conditions imposed by the order.
605605 (10)(11) An investigating law enforcement agency.
606606 (c) Preservation of records. The Kansas state historical society shall
607607 be allowed to take possession for preservation in the state archives of any
608608 court records related to proceedings under the Kansas code for care of
609609 children whenever such records otherwise would be destroyed. No such
610610 records in the custody of the Kansas state historical society shall be
611611 disclosed directly or indirectly to anyone for 70 years after creation of the
612612 records, except as provided in subsections (a) and (b). Pursuant to
613613 subsections (a)(9) and (b)(9), a judge of the district court may allow
614614 inspection for research purposes of any court records in the custody of the
615615 Kansas state historical society related to proceedings under the Kansas
616616 code for care of children.
617617 Sec. 7. K.S.A. 2022 Supp. 38-2212 is hereby amended to read as
618618 follows: 38-2212. (a) Principle of appropriate access. Information
619619 contained in confidential agency records concerning a child alleged or
620620 adjudicated to be in need of care may be disclosed as provided in this
621621 section and shall be disclosed as provided in subsection (e). Disclosure
622622 shall in all cases be guided by the principle of providing access only to
623623 persons or entities with a need for information that is directly related to
624624 achieving the purposes of this code.
625625 (b) Free exchange of information. Pursuant to K.S.A. 38-2210, and
626626 amendments thereto, the secretary and juvenile intake and assessment
627627 agencies shall participate in the free exchange of information concerning a
628628 child who is alleged or adjudicated to be in need of care.
629629 (c) Necessary access. The following persons or entities shall have
630630 access to information from agency records. Access shall be limited to
631631 information reasonably necessary to carry out their lawful responsibilities,
632632 to maintain their personal safety and the personal safety of individuals in
633633 their care, or to educate, diagnose, treat, care for or protect a child alleged
634634 to be in need of care. Information authorized to be disclosed pursuant to
635635 1
636636 2
637637 3
638638 4
639639 5
640640 6
641641 7
642642 8
643643 9
644644 10
645645 11
646646 12
647647 13
648648 14
649649 15
650650 16
651651 17
652652 18
653653 19
654654 20
655655 21
656656 22
657657 23
658658 24
659659 25
660660 26
661661 27
662662 28
663663 29
664664 30
665665 31
666666 32
667667 33
668668 34
669669 35
670670 36
671671 37
672672 38
673673 39
674674 40
675675 41
676676 42
677677 43 SB 232 9
678678 this subsection shall not contain information that identifies a reporter of a
679679 child who is alleged or adjudicated to be a child in need of care.
680680 (1) A child named in the report or records, a guardian ad litem
681681 appointed for the child and the child's attorney.
682682 (2) A parent or other person responsible for the welfare of a child, or
683683 such person's legal representative.
684684 (3) A court-appointed special advocate for a child, a citizen review
685685 board or other advocate that reports to the court.
686686 (4) A person licensed to practice the healing arts or mental health
687687 profession in order to diagnose, care for, treat or supervise:
688688 (A) A child whom such service provider reasonably suspects may be
689689 in need of care;
690690 (B) a member of the child's family; or
691691 (C) a person who allegedly abused or neglected the child.
692692 (5) A person or entity licensed or registered by the secretary of health
693693 and environment or approved by the secretary for children and families to
694694 care for, treat or supervise a child in need of care.
695695 (6) A coroner or medical examiner when such person is determining
696696 the cause of death of a child.
697697 (7) The state child death review board established under K.S.A. 22a-
698698 243, and amendments thereto.
699699 (8) An attorney for a private party who files a petition pursuant to
700700 K.S.A. 38-2233(b), and amendments thereto.
701701 (9) A foster parent, prospective foster parent, permanent custodian,
702702 prospective permanent custodian, adoptive parent or prospective adoptive
703703 parent. In order to assist such persons in making an informed decision
704704 regarding acceptance of a particular child, to help the family anticipate
705705 problems that may occur during the child's placement, and to help the
706706 family meet the needs of the child in a constructive manner, the secretary
707707 shall seek and shall provide the following information to such persons as
708708 the information becomes available to the secretary:
709709 (A) Strengths, needs and general behavior of the child;
710710 (B) circumstances that necessitated placement;
711711 (C) information about the child's family and the child's relationship to
712712 the family that may affect the placement;
713713 (D) important life experiences and relationships that may affect the
714714 child's feelings, behavior, attitudes or adjustment;
715715 (E) medical history of the child, including third-party coverage that
716716 may be available to the child; and
717717 (F) education history, to include present grade placement, special
718718 strengths and weaknesses.
719719 (10) The state protection and advocacy agency as provided by K.S.A.
720720 65-5603(a)(10) or K.S.A. 74-5515(a)(2)(A) and (B), and amendments
721721 1
722722 2
723723 3
724724 4
725725 5
726726 6
727727 7
728728 8
729729 9
730730 10
731731 11
732732 12
733733 13
734734 14
735735 15
736736 16
737737 17
738738 18
739739 19
740740 20
741741 21
742742 22
743743 23
744744 24
745745 25
746746 26
747747 27
748748 28
749749 29
750750 30
751751 31
752752 32
753753 33
754754 34
755755 35
756756 36
757757 37
758758 38
759759 39
760760 40
761761 41
762762 42
763763 43 SB 232 10
764764 thereto.
765765 (11) Any educational institution to the extent necessary to enable the
766766 educational institution to provide the safest possible environment for its
767767 pupils and employees.
768768 (12) Any educator to the extent necessary to enable the educator to
769769 protect the personal safety of the educator and the educator's pupils.
770770 (13) The office of the child advocate pursuant to the child advocate
771771 act.
772772 (14) Any other federal, state or local government executive branch
773773 entity or any agent of such entity, having a need for such information in
774774 order to carry out such entity's responsibilities under the law to protect
775775 children from abuse and neglect.
776776 (d) Specified access. The following persons or entities shall have
777777 access to information contained in agency records as specified.
778778 Information authorized to be disclosed pursuant to this subsection shall not
779779 contain information that identifies a reporter of a child who is alleged or
780780 adjudicated to be a child in need of care.
781781 (1) Information from confidential agency records of the Kansas
782782 department for children and families, a law enforcement agency or any
783783 juvenile intake and assessment worker of a child alleged or adjudicated to
784784 be in need of care shall be available to members of the standing house or
785785 senate committee on judiciary, house committee on corrections and
786786 juvenile justice, house committee on appropriations, senate committee on
787787 ways and means, legislative post audit committee and any joint committee
788788 with authority to consider children's and families' issues, when carrying
789789 out such member's or committee's official functions in accordance with
790790 K.S.A. 75-4319, and amendments thereto, in a closed or executive
791791 meeting. Except in limited conditions established by
792792 2
793793 /3 of the members of
794794 such committee, records and reports received by the committee shall not
795795 be further disclosed. Unauthorized disclosure may subject such member to
796796 discipline or censure from the house of representatives or senate. The
797797 secretary for children and families shall not summarize the outcome of
798798 department actions regarding a child alleged to be a child in need of care
799799 in information available to members of such committees.
800800 (2) The secretary for children and families may summarize the
801801 outcome of department actions regarding a child alleged to be a child in
802802 need of care to a person having made such report.
803803 (3) Information from confidential reports or records of a child alleged
804804 or adjudicated to be a child in need of care may be disclosed to the public
805805 when:
806806 (A) The individuals involved or their representatives have given
807807 express written consent; or
808808 (B) the investigation of the abuse or neglect of the child or the filing
809809 1
810810 2
811811 3
812812 4
813813 5
814814 6
815815 7
816816 8
817817 9
818818 10
819819 11
820820 12
821821 13
822822 14
823823 15
824824 16
825825 17
826826 18
827827 19
828828 20
829829 21
830830 22
831831 23
832832 24
833833 25
834834 26
835835 27
836836 28
837837 29
838838 30
839839 31
840840 32
841841 33
842842 34
843843 35
844844 36
845845 37
846846 38
847847 39
848848 40
849849 41
850850 42
851851 43 SB 232 11
852852 of a petition alleging a child to be in need of care has become public
853853 knowledge, provided, however, that the agency shall limit disclosure to
854854 confirmation of procedural details relating to the handling of the case by
855855 professionals.
856856 (e) Law enforcement access. The secretary shall disclose confidential
857857 agency records of a child alleged or adjudicated to be a child in need of
858858 care, as described in K.S.A. 38-2209, and amendments thereto, to the law
859859 enforcement agency investigating the alleged or substantiated report or
860860 investigation of abuse or neglect, regardless of the disposition of such
861861 report or investigation. Such records shall include, but not be limited to,
862862 any information regarding such report or investigation, records of past
863863 reports or investigations concerning such child and such child's siblings
864864 and the perpetrator or alleged perpetrator and the name and contact
865865 information of the reporter or persons alleging abuse or neglect and case
866866 managers, investigators or contracting agency employees assigned to or
867867 investigating such report. Such records shall only be used for the purposes
868868 of investigating the alleged or substantiated report or investigation of
869869 abuse or neglect.
870870 (f) Court order. Notwithstanding the provisions of this section, a
871871 court of competent jurisdiction, after in camera inspection, may order
872872 disclosure of confidential agency records pursuant to a determination that
873873 the disclosure is in the best interests of the child who is the subject of the
874874 reports or that the records are necessary for the proceedings of the court.
875875 The court shall specify the terms of disclosure and impose appropriate
876876 limitations.
877877 (g) (1) Notwithstanding any other provision of law to the contrary,
878878 except as provided in paragraph (6), in the event that child abuse or
879879 neglect results in a child fatality or near fatality, reports or records of a
880880 child alleged or adjudicated to be in need of care received by the secretary,
881881 a law enforcement agency or any juvenile intake and assessment worker
882882 shall become a public record and subject to disclosure pursuant to K.S.A.
883883 45-215, and amendments thereto.
884884 (2) Within seven days of receipt of a request in accordance with the
885885 procedures adopted under K.S.A. 45-220, and amendments thereto, the
886886 secretary shall notify any affected individual that an open records request
887887 has been made concerning such records. The secretary or any affected
888888 individual may file a motion requesting the court to prevent disclosure of
889889 such record or report, or any select portion thereof. Notice of the filing of
890890 such motion shall be provided to all parties requesting the records or
891891 reports, and such party or parties shall have a right to hearing, upon
892892 request, prior to the entry of any order on such motion. If the affected
893893 individual does not file such motion within seven days of notification, and
894894 the secretary has not filed a motion, the secretary shall release the reports
895895 1
896896 2
897897 3
898898 4
899899 5
900900 6
901901 7
902902 8
903903 9
904904 10
905905 11
906906 12
907907 13
908908 14
909909 15
910910 16
911911 17
912912 18
913913 19
914914 20
915915 21
916916 22
917917 23
918918 24
919919 25
920920 26
921921 27
922922 28
923923 29
924924 30
925925 31
926926 32
927927 33
928928 34
929929 35
930930 36
931931 37
932932 38
933933 39
934934 40
935935 41
936936 42
937937 43 SB 232 12
938938 or records. If such motion is filed, the court shall consider the effect such
939939 disclosure may have upon an ongoing criminal investigation, a pending
940940 prosecution, or the privacy of the child, if living, or the child's siblings,
941941 parents or guardians, and the public's interest in the disclosure of such
942942 records or reports. The court shall make written findings on the record
943943 justifying the closing of the records and shall provide a copy of the journal
944944 entry to the affected parties and the individual requesting disclosure
945945 pursuant to the Kansas open records act, K.S.A. 45-215 et seq., and
946946 amendments thereto.
947947 (3) Notwithstanding the provisions of paragraph (2), in the event that
948948 child abuse or neglect results in a child fatality, the secretary shall release
949949 the following information in response to an open records request made
950950 pursuant to the Kansas open records act, within seven business days of
951951 receipt of such request, as allowed by applicable law:
952952 (A) Age and sex of the child;
953953 (B) date of the fatality;
954954 (C) a summary of any previous reports of abuse or neglect received
955955 by the secretary involving the child, along with the findings of such
956956 reports; and
957957 (D) any department recommended services provided to the child.
958958 (4) Notwithstanding the provisions of paragraph (2), in the event that
959959 a child fatality occurs while such child was in the custody of the secretary
960960 for children and families, the secretary shall release the following
961961 information in response to an open records request made pursuant to the
962962 Kansas open records act, within seven business days of receipt of such
963963 request, as allowed by applicable law:
964964 (A) Age and sex of the child;
965965 (B) date of the fatality; and
966966 (C) a summary of the facts surrounding the death of the child.
967967 (5) For reports or records requested pursuant to this subsection, the
968968 time limitations specified in this subsection shall control to the extent of
969969 any inconsistency between this subsection and K.S.A. 45-218, and
970970 amendments thereto. As used in this section, "near fatality" means an act
971971 that, as certified by a person licensed to practice medicine and surgery,
972972 places the child in serious or critical condition.
973973 (6) Nothing in this subsection shall allow the disclosure of reports,
974974 records or documents concerning the child and such child's biological
975975 parents that were created prior to such child's adoption. Nothing herein is
976976 intended to require that an otherwise privileged communication lose its
977977 privileged character.
978978 Sec. 8. K.S.A. 38-2213 is hereby amended to read as follows: 38-
979979 2213. (a) Principle of limited disclosure. Information contained in
980980 confidential law enforcement records concerning a child alleged or
981981 1
982982 2
983983 3
984984 4
985985 5
986986 6
987987 7
988988 8
989989 9
990990 10
991991 11
992992 12
993993 13
994994 14
995995 15
996996 16
997997 17
998998 18
999999 19
10001000 20
10011001 21
10021002 22
10031003 23
10041004 24
10051005 25
10061006 26
10071007 27
10081008 28
10091009 29
10101010 30
10111011 31
10121012 32
10131013 33
10141014 34
10151015 35
10161016 36
10171017 37
10181018 38
10191019 39
10201020 40
10211021 41
10221022 42
10231023 43 SB 232 13
10241024 adjudicated to be in need of care may be disclosed as provided in this
10251025 section. Disclosure shall in all cases be guided by the principle of
10261026 providing access only to persons or entities with a need for information
10271027 that is directly related to achieving the purposes of this code.
10281028 (b) Free exchange of information. Pursuant to K.S.A. 38-2210, and
10291029 amendments thereto, a law enforcement agency shall participate in the free
10301030 exchange of information concerning a child who is alleged or adjudicated
10311031 to be in need of care.
10321032 (c) Access to information in law enforcement records. In order to
10331033 discharge their official duties, the following persons or entities shall have
10341034 access to confidential law enforcement records concerning a child alleged
10351035 or adjudicated to be in need of care.
10361036 (1) The court having jurisdiction over the proceedings, including the
10371037 presiding judge and any court personnel designated by the judge.
10381038 (2) The secretary.
10391039 (3) The commissioner of juvenile justice secretary of corrections.
10401040 (4) Law enforcement officers or county or district attorneys or their
10411041 staff.
10421042 (5) Any juvenile intake and assessment worker.
10431043 (6) Members of a court-appointed multidisciplinary team.
10441044 (7) The office of the child advocate pursuant to the child advocate
10451045 act.
10461046 (8) Any other federal, state or local government executive branch
10471047 entity, or any agent of such entity, having a need for such information in
10481048 order to carry out such entity's responsibilities under law to protect
10491049 children from abuse and neglect.
10501050 (8)(9) Persons or entities allowed access pursuant to subsection (f) of
10511051 K.S.A. 38-2212(f), and amendments thereto.
10521052 (d) Necessary access. The following persons or entities shall have
10531053 access to information from law enforcement records when reasonably
10541054 necessary to carry out their lawful responsibilities, to maintain their
10551055 personal safety and the personal safety of individuals in their care, or to
10561056 educate, diagnose, treat, care for or protect a child alleged or adjudicated
10571057 to be in need of care. Information authorized to be disclosed in this
10581058 subsection shall not contain information which that identifies a reporter of
10591059 a child alleged or adjudicated to be a child in need of care.
10601060 (1) Any individual, or public or private agency authorized by a
10611061 properly constituted authority to diagnose, care for, treat or supervise a
10621062 child who is the subject of a report or record of child abuse or neglect,
10631063 including physicians, psychiatrists, nurses, nurse practitioners,
10641064 psychologists, licensed social workers, child development specialists,
10651065 physician assistants, community mental health workers, alcohol and drug
10661066 abuse counselors, and licensed or registered child care providers.
10671067 1
10681068 2
10691069 3
10701070 4
10711071 5
10721072 6
10731073 7
10741074 8
10751075 9
10761076 10
10771077 11
10781078 12
10791079 13
10801080 14
10811081 15
10821082 16
10831083 17
10841084 18
10851085 19
10861086 20
10871087 21
10881088 22
10891089 23
10901090 24
10911091 25
10921092 26
10931093 27
10941094 28
10951095 29
10961096 30
10971097 31
10981098 32
10991099 33
11001100 34
11011101 35
11021102 36
11031103 37
11041104 38
11051105 39
11061106 40
11071107 41
11081108 42
11091109 43 SB 232 14
11101110 (2) School administrators shall have access to but shall not copy law
11111111 enforcement records and may disclose information to teachers,
11121112 paraprofessionals and other school personnel as necessary to meet the
11131113 educational needs of the child or to protect the safety of students and
11141114 school employees.
11151115 (3) The department of health and environment or persons authorized
11161116 by the department of health and environment pursuant to K.S.A. 65-512,
11171117 and amendments thereto, for the purposes of carrying out responsibilities
11181118 relating to licensure or registration of child care providers as required by
11191119 article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
11201120 thereto.
11211121 (e) Legislative access. Information from law enforcement records of a
11221122 child alleged or adjudicated to be in need of care shall be available to
11231123 members of the standing house or senate committee on judiciary, house
11241124 committee on corrections and juvenile justice, house committee on
11251125 appropriations, senate committee on ways and means, legislative post audit
11261126 committee and any joint committee with authority to consider children's
11271127 and families' issues, when carrying out such member's or committee's
11281128 official functions in accordance with K.S.A. 75-4319, and amendments
11291129 thereto, in a closed or executive meeting. Except in limited conditions
11301130 established by
11311131 2
11321132 /3 of the members of such committee, records and reports
11331133 received by the committee shall not be further disclosed. Unauthorized
11341134 disclosure may subject such member to discipline or censure from the
11351135 house of representatives or senate.
11361136 (f) Court order. Notwithstanding the provisions of this section, a
11371137 court of competent jurisdiction, after in camera inspection, may order
11381138 disclosure of confidential law enforcement records pursuant to a
11391139 determination that the disclosure is in the best interests of the child who is
11401140 the subject of the reports or that the records are necessary for the
11411141 proceedings of the court and otherwise admissible as evidence. The court
11421142 shall specify the terms of disclosure and impose appropriate limitations.
11431143 Sec. 9. K.S.A. 38-2309 is hereby amended to read as follows: 38-
11441144 2309. (a) Official file. The official file of proceedings pursuant to this code
11451145 shall consist of the complaint, process, service of process, orders, writs and
11461146 journal entries reflecting hearings held, judgments and decrees entered by
11471147 the court. The official file shall be kept separate from other records of the
11481148 court.
11491149 (b) The official file shall be open for public inspection, unless the
11501150 judge determines that opening the official file for public inspection is not
11511151 in the best interests of a juvenile who is less than 14 years of age.
11521152 Information identifying victims and alleged victims of sex offenses, as
11531153 defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior
11541154 to their repeal, or article 55 of chapter 21 of the Kansas Statutes
11551155 1
11561156 2
11571157 3
11581158 4
11591159 5
11601160 6
11611161 7
11621162 8
11631163 9
11641164 10
11651165 11
11661166 12
11671167 13
11681168 14
11691169 15
11701170 16
11711171 17
11721172 18
11731173 19
11741174 20
11751175 21
11761176 22
11771177 23
11781178 24
11791179 25
11801180 26
11811181 27
11821182 28
11831183 29
11841184 30
11851185 31
11861186 32
11871187 33
11881188 34
11891189 35
11901190 36
11911191 37
11921192 38
11931193 39
11941194 40
11951195 41
11961196 42
11971197 43 SB 232 15
11981198 Annotated, or K.S.A. 2022 Supp. 21-6419 through 21-6422, and
11991199 amendments thereto, or human trafficking or aggravated human
12001200 trafficking, as defined in K.S.A. 21-3446 or 21-3447, prior to their repeal,
12011201 or K.S.A. 2022 Supp. 21-5426, and amendments thereto, shall not be
12021202 disclosed or open to public inspection under any circumstances. Nothing in
12031203 this section shall prohibit the victim or alleged victim of any sex offense
12041204 from voluntarily disclosing such victim's identity. An official file closed
12051205 pursuant to this section and information identifying the victim or alleged
12061206 victim of any sex offense shall be disclosed only to the following:
12071207 (1) A judge of the district court and members of the staff of the court
12081208 designated by the judge;
12091209 (2) parties to the proceedings and their attorneys;
12101210 (3) any individual or any public or private agency or institution: (A)
12111211 Having custody of the juvenile under court order; or (B) providing
12121212 educational, medical or mental health services to the juvenile;
12131213 (4) the juvenile's court appointed special advocate;
12141214 (5) any placement provider or potential placement provider as
12151215 determined by the commissioner or court services officer;
12161216 (6) law enforcement officers or county or district attorneys, or their
12171217 staff, when necessary for the discharge of their official duties;
12181218 (7) the Kansas racing commission, upon written request of the
12191219 commission chairperson, for the purpose provided by K.S.A. 74-8804, and
12201220 amendments thereto, except that information identifying the victim or
12211221 alleged victim of any sex offense shall not be disclosed pursuant to this
12221222 subsection;
12231223 (8) juvenile intake and assessment workers;
12241224 (9) the commissioner secretary of corrections;
12251225 (10) the office of the child advocate pursuant to the child advocate
12261226 act;
12271227 (11) any other person when authorized by a court order, subject to any
12281228 conditions imposed by the order; and
12291229 (11)(12) the commission on judicial performance in the discharge of
12301230 the commission's duties pursuant to article 32 of chapter 20 of the Kansas
12311231 Statutes Annotated, and amendments thereto.
12321232 (c) Social file. (1) Reports and information received by the court,
12331233 other than the official file, shall be privileged and open to inspection only
12341234 by the following:
12351235 (A) Attorneys for the parties,;
12361236 (B) juvenile intake and assessment workers,;
12371237 (C) court appointed special advocates,;
12381238 (D) juvenile community corrections officers,;
12391239 (E) the juvenile's guardian ad litem, if any,;
12401240 (F) the office of the child advocate pursuant to the child advocate
12411241 1
12421242 2
12431243 3
12441244 4
12451245 5
12461246 6
12471247 7
12481248 8
12491249 9
12501250 10
12511251 11
12521252 12
12531253 13
12541254 14
12551255 15
12561256 16
12571257 17
12581258 18
12591259 19
12601260 20
12611261 21
12621262 22
12631263 23
12641264 24
12651265 25
12661266 26
12671267 27
12681268 28
12691269 29
12701270 30
12711271 31
12721272 32
12731273 33
12741274 34
12751275 35
12761276 36
12771277 37
12781278 38
12791279 39
12801280 40
12811281 41
12821282 42
12831283 43 SB 232 16
12841284 act; or upon
12851285 (G) any other person when authorized by the order of a judge of the
12861286 district court or appellate court.
12871287 (2) The reports shall not be further disclosed without approval of the
12881288 court or by being presented as admissible evidence.
12891289 (d) Preservation of records. The Kansas state historical society shall
12901290 be allowed to take possession for preservation in the state archives of any
12911291 court records related to proceedings under the Kansas juvenile justice code
12921292 or the revised Kansas juvenile justice code whenever such records
12931293 otherwise would be destroyed. The Kansas state historical society shall
12941294 make available for public inspection any unexpunged docket entry or
12951295 official file in its custody concerning any juvenile 14 or more years of age
12961296 at the time an offense is alleged to have been committed by the juvenile.
12971297 No other such records in the custody of the Kansas state historical society
12981298 shall be disclosed directly or indirectly to anyone for 70 years after
12991299 creation of the records, except as provided in subsections (b) and (c). A
13001300 judge of the district court may allow inspection for research purposes of
13011301 any court records in the custody of the Kansas state historical society
13021302 related to proceedings under the Kansas juvenile justice code or the
13031303 revised Kansas juvenile justice code.
13041304 (e) Relevant information, reports and records, shall be made available
13051305 to the department of corrections upon request, and a showing that the
13061306 former juvenile has been convicted of a crime and placed in the custody of
13071307 the secretary of corrections.
13081308 Sec. 10. K.S.A. 38-2310 is hereby amended to read as follows: 38-
13091309 2310. (a) All records of law enforcement officers and agencies and
13101310 municipal courts concerning an offense committed or alleged to have been
13111311 committed by a juvenile under 14 years of age shall be kept readily
13121312 distinguishable from criminal and other records and shall not be disclosed
13131313 to anyone except:
13141314 (1) The judge of the district court and members of the staff of the
13151315 court designated by the judge;
13161316 (2) parties to the proceedings and their attorneys;
13171317 (3) the Kansas department for children and families;
13181318 (4) the juvenile's court appointed special advocate, any officer of a
13191319 public or private agency or institution or any individual having custody of
13201320 a juvenile under court order or providing educational, medical or mental
13211321 health services to a juvenile;
13221322 (5) any educational institution, to the extent necessary to enable the
13231323 educational institution to provide the safest possible environment for its
13241324 pupils and employees;
13251325 (6) any educator, to the extent necessary to enable the educator to
13261326 protect the personal safety of the educator and the educator's pupils;
13271327 1
13281328 2
13291329 3
13301330 4
13311331 5
13321332 6
13331333 7
13341334 8
13351335 9
13361336 10
13371337 11
13381338 12
13391339 13
13401340 14
13411341 15
13421342 16
13431343 17
13441344 18
13451345 19
13461346 20
13471347 21
13481348 22
13491349 23
13501350 24
13511351 25
13521352 26
13531353 27
13541354 28
13551355 29
13561356 30
13571357 31
13581358 32
13591359 33
13601360 34
13611361 35
13621362 36
13631363 37
13641364 38
13651365 39
13661366 40
13671367 41
13681368 42
13691369 43 SB 232 17
13701370 (7) law enforcement officers or county or district attorneys, or their
13711371 staff, when necessary for the discharge of their official duties;
13721372 (8) the central repository, as defined by K.S.A. 22-4701, and
13731373 amendments thereto, for use only as a part of the juvenile offender
13741374 information system established under K.S.A. 38-2326, and amendments
13751375 thereto;
13761376 (9) juvenile intake and assessment workers;
13771377 (10) the department of corrections;
13781378 (11) juvenile community corrections officers;
13791379 (12) the interstate compact for juveniles compact administrator for
13801380 the purpose of carrying out the responsibilities related to the interstate
13811381 compact for juveniles;
13821382 (13) the office of the child advocate pursuant to the child advocate
13831383 act;
13841384 (14) any other person when authorized by a court order, subject to any
13851385 conditions imposed by the order; and
13861386 (14)(15) as provided in subsection (c).
13871387 (b) The provisions of this section shall not apply to records
13881388 concerning:
13891389 (1) A violation, by a person 14 or more years of age, of any provision
13901390 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto, or
13911391 of any city ordinance or county resolution which relates to the regulation
13921392 of traffic on the roads, highways or streets or the operation of self-
13931393 propelled or nonself-propelled vehicles of any kind;
13941394 (2) a violation, by a person 16 or more years of age, of any provision
13951395 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
13961396 or
13971397 (3) an offense for which the juvenile is prosecuted as an adult.
13981398 (c) All records of law enforcement officers and agencies and
13991399 municipal courts concerning an offense committed or alleged to have been
14001400 committed by a juvenile 14 or more years of age shall be subject to the
14011401 same disclosure restrictions as the records of adults. Information
14021402 identifying victims and alleged victims of sex offenses, as defined in
14031403 article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their
14041404 repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, and
14051405 amendments thereto, K.S.A. 2022 Supp. 21-6419 through 21-6422, and
14061406 amendments thereto, or human trafficking or aggravated human
14071407 trafficking, as defined in K.S.A. 21-3446 or 21-3447, prior to their repeal,
14081408 or K.S.A. 2022 Supp. 21-5426, and amendments thereto, shall not be
14091409 disclosed or open to public inspection under any circumstances. Nothing in
14101410 this section shall prohibit the victim or any alleged victim of any sex
14111411 offense from voluntarily disclosing such victim's identity.
14121412 (d) Relevant information, reports and records, shall be made available
14131413 1
14141414 2
14151415 3
14161416 4
14171417 5
14181418 6
14191419 7
14201420 8
14211421 9
14221422 10
14231423 11
14241424 12
14251425 13
14261426 14
14271427 15
14281428 16
14291429 17
14301430 18
14311431 19
14321432 20
14331433 21
14341434 22
14351435 23
14361436 24
14371437 25
14381438 26
14391439 27
14401440 28
14411441 29
14421442 30
14431443 31
14441444 32
14451445 33
14461446 34
14471447 35
14481448 36
14491449 37
14501450 38
14511451 39
14521452 40
14531453 41
14541454 42
14551455 43 SB 232 18
14561456 to the department of corrections upon request and a showing that the
14571457 former juvenile has been convicted of a crime and placed in the custody of
14581458 the secretary of corrections.
14591459 (e) All records, reports and information obtained as a part of the
14601460 juvenile intake and assessment process for juveniles shall be confidential,
14611461 and shall not be disclosed except as provided by statutory law and rules
14621462 and regulations promulgated by the secretary.
14631463 (1) Any court of record may order the disclosure of such records,
14641464 reports and other information to any person or entity.
14651465 (2) The head of any juvenile intake and assessment program, certified
14661466 by the secretary, may authorize disclosure of such records, reports and
14671467 other information to:
14681468 (A) A person licensed to practice the healing arts who has before that
14691469 person a juvenile whom the person reasonably suspects may be abused or
14701470 neglected;
14711471 (B) a court-appointed special advocate for a juvenile or an agency
14721472 having the legal responsibility or authorization to care for, treat or
14731473 supervise a juvenile;
14741474 (C) a parent or other person responsible for the welfare of a juvenile,
14751475 or such person's legal representative, with protection for the identity of
14761476 persons reporting and other appropriate persons;
14771477 (D) the juvenile, the attorney and a guardian ad litem, if any, for such
14781478 juvenile;
14791479 (E) the police or other law enforcement agency;
14801480 (F) an agency charged with the responsibility of preventing or
14811481 treating physical, mental or emotional abuse or neglect or sexual abuse of
14821482 children, if the agency requesting the information has standards of
14831483 confidentiality as strict or stricter than the requirements of the Kansas code
14841484 for care of children or the revised Kansas juvenile justice code, whichever
14851485 is applicable;
14861486 (G) members of a multidisciplinary team under this code;
14871487 (H) an agency authorized by a properly constituted authority to
14881488 diagnose, care for, treat or supervise a child who is the subject of a report
14891489 or record of child abuse or neglect;
14901490 (I) any individual, or public or private agency authorized by a
14911491 properly constituted authority to diagnose, care for, treat or supervise a
14921492 juvenile who is the subject of a report or record of child abuse or neglect,
14931493 specifically including the following: Physicians, psychiatrists, nurses,
14941494 nurse practitioners, psychologists, licensed social workers, child
14951495 development specialists, physician assistants, community mental health
14961496 workers, addiction counselors and licensed or registered child care
14971497 providers;
14981498 (J) a citizen review board pursuant to K.S.A. 38-2207, and
14991499 1
15001500 2
15011501 3
15021502 4
15031503 5
15041504 6
15051505 7
15061506 8
15071507 9
15081508 10
15091509 11
15101510 12
15111511 13
15121512 14
15131513 15
15141514 16
15151515 17
15161516 18
15171517 19
15181518 20
15191519 21
15201520 22
15211521 23
15221522 24
15231523 25
15241524 26
15251525 27
15261526 28
15271527 29
15281528 30
15291529 31
15301530 32
15311531 33
15321532 34
15331533 35
15341534 36
15351535 37
15361536 38
15371537 39
15381538 40
15391539 41
15401540 42
15411541 43 SB 232 19
15421542 amendments thereto;
15431543 (K) an educational institution to the extent necessary to enable such
15441544 institution to provide the safest possible environment for pupils and
15451545 employees of the institution;
15461546 (L) any educator to the extent necessary for the protection of the
15471547 educator and pupils;
15481548 (M) any juvenile intake and assessment worker of another certified
15491549 juvenile intake and assessment program; and
15501550 (N) the interstate compact for juveniles compact administrator for the
15511551 purpose of carrying out the responsibilities related to the interstate
15521552 compact for juveniles; and
15531553 (O) the office of the child advocate pursuant to the child advocate
15541554 act.
15551555 Sec. 11. K.S.A. 38-2213, 38-2309 and 38-2310 and K.S.A. 2022
15561556 Supp. 38-2311 and 38-2312 are hereby repealed.
15571557 Sec. 12. This act shall take effect and be in force from and after its
15581558 publication in the statute book.
15591559 1
15601560 2
15611561 3
15621562 4
15631563 5
15641564 6
15651565 7
15661566 8
15671567 9
15681568 10
15691569 11
15701570 12
15711571 13
15721572 14
15731573 15
15741574 16
15751575 17