Kansas 2025-2026 Regular Session

Kansas House Bill HB2352 Compare Versions

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

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1	1	Session of 2025
2	2	HOUSE BILL No. 2352
3	3	By Committee on Judiciary
4	4	Requested by Representatives Lewis and Schlingensiepen
5	5	2-7
6	6	AN ACT concerning children and minors; relating to reporting of certain
7	7	abuse and neglect; requiring a duly ordained minister of religion to
8	8	report certain abuse and neglect except when reporting would violate
9	9	the penitential communication privilege; requiring training for persons
10	10	obligated to report abuse and neglect. amending K.S.A. 2024 Supp. 38-
11	11	2223 and repealing the existing section.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	Section 1. K.S.A. 2024 Supp. 38-2223 is hereby amended to read as
14	14	follows: 38-2223. (a) Persons making reports. (1) When any of the
15	15	following persons has reason to suspect that a child has been harmed as a
16	16	result of physical, mental or emotional abuse or neglect or sexual abuse,
17	17	the person shall report the matter promptly as provided in subsections (b)
18	18	and (c);:
19	19	(A) The following persons providing medical care or treatment:
20	20	Persons licensed to practice the healing arts, dentistry and optometry,
21	21	persons engaged in postgraduate training programs approved by the state
22	22	board of healing arts, licensed professional or practical nurses and chief
23	23	administrative officers of medical care facilities;
24	24	(B) the following persons licensed by the state to provide mental
25	25	health services: Licensed psychologists, licensed masters level
26	26	psychologists, licensed clinical psychotherapists, licensed social workers,
27	27	licensed marriage and family therapists, licensed clinical marriage and
28	28	family therapists, licensed behavioral analysts, licensed assistant
29	29	behavioral analysts, licensed professional counselors, licensed clinical
30	30	professional counselors and registered alcohol and drug abuse counselors;
31	31	(C) teachers, school administrators and other employees of an
32	32	educational institution that the child is attending and any member of the
33	33	board of directors of the Kansas state high school activities association
34	34	referenced in K.S.A. 72-7114, and amendments thereto, and any person
35	35	who is employed by or is an officer of such association;
36	36	(D) persons licensed by the secretary of health and environment to
37	37	provide child care services or the employees of persons so licensed at the
38	38	place where the child care services are being provided to the child;
39	39	(E) firefighters, emergency medical services personnel, law
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75	75	enforcement officers, juvenile intake and assessment workers, court
76	76	services officers, community corrections officers, case managers appointed
77	77	under K.S.A. 2024 Supp. 23-3508, and amendments thereto, and mediators
78	78	appointed under K.S.A. 2024 Supp. 23-3502, and amendments thereto;
79	79	and
80	80	(F) any person employed by or who works as a volunteer for any
81	81	organization, whether for profit or not-for-profit, that provides social
82	82	services to pregnant teenagers, including, but not limited to, counseling,
83	83	adoption services and pregnancy education and maintenance; and
84	84	(G) any duly ordained minister of religion, as defined in K.S.A. 60-
85	85	429, and amendments thereto, except that a duly ordained minister of
86	86	religion who suspects abuse or neglect based on a penitential
87	87	communication is not required to violate penitential communication
88	88	privilege as provided in K.S.A. 60-429, and amendments thereto.
89	89	(2) In addition to the reports required under subsection (a)(1), any
90	90	person who has reason to suspect that a child may be a child in need of
91	91	care may report the matter as provided in subsection (b) and (c).
92	92	(b) Form of report. (1) The report may be made orally and shall be
93	93	followed by a written report if requested. Every report shall contain, if
94	94	known: The names and addresses of the child and the child's parents or
95	95	other persons responsible for the child's care; the location of the child if
96	96	not at the child's residence; the child's gender, race and age; the reasons
97	97	why the reporter suspects the child may be a child in need of care; if abuse
98	98	or neglect or sexual abuse is suspected, the nature and extent of the harm
99	99	to the child, including any evidence of previous harm; and any other
100	100	information that the reporter believes might be helpful in establishing the
101	101	cause of the harm and the identity of the persons responsible for the harm.
102	102	(2) When reporting a suspicion that a child may be in need of care,
103	103	the reporter shall disclose protected health information freely and
104	104	cooperate fully with the secretary and law enforcement throughout the
105	105	investigation and any subsequent legal process.
106	106	(c) To whom made. Reports made pursuant to this section shall be
107	107	made to the secretary, except as follows:
108	108	(1) When the Kansas department for children and families is not open
109	109	for business, reports shall be made to the appropriate law enforcement
110	110	agency. On the next day that the department is open for business, the law
111	111	enforcement agency shall report to the department any report received and
112	112	any investigation initiated pursuant to K.S.A. 38-2226, and amendments
113	113	thereto. The reports may be made orally or, on request of the secretary, in
114	114	writing.
115	115	(2) Reports of child abuse or neglect occurring in an institution
116	116	operated by the Kansas department of corrections shall be made to the
117	117	attorney general or the secretary of corrections. Reports of child abuse or
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161	161	neglect occurring in an institution operated by the Kansas department for
162	162	aging and disability services shall be made to the appropriate law
163	163	enforcement agency. All other reports of child abuse or neglect by persons
164	164	employed by the Kansas department for aging and disability services or
165	165	the Kansas department for children and families, or of children of persons
166	166	employed by either department, shall be made to the appropriate law
167	167	enforcement agency.
168	168	(d) Death of child. Any person who is required by this section to
169	169	report a suspicion that a child is in need of care and who knows of
170	170	information relating to the death of a child shall immediately notify the
171	171	coroner as provided by K.S.A. 22a-242, and amendments thereto.
172	172	(e) Violations. (1) Willful and knowing failure to make a report
173	173	required by this section is a class B misdemeanor. It is not a defense that
174	174	another mandatory reporter made a report.
175	175	(2) Intentionally preventing or interfering with the making of a report
176	176	required by this section is a class B misdemeanor.
177	177	(3) Any person who willfully and knowingly makes a false report
178	178	pursuant to this section or makes a report that such person knows lacks
179	179	factual foundation is guilty of a class B misdemeanor.
180	180	(f) Immunity from liability. Anyone who, without malice, participates
181	181	in the making of a report to the secretary or a law enforcement agency
182	182	relating to a suspicion a child may be a child in need of care or who
183	183	participates in any activity or investigation relating to the report or who
184	184	participates in any judicial proceeding resulting from the report shall have
185	185	immunity from any civil liability that might otherwise be incurred or
186	186	imposed.
187	187	(g) Training required. Each person described in subsection (a) shall
188	188	participate in training regarding the provisions of this section prior to July
189	189	1, 2026, or, if the person becomes subject to the provisions of subsection
190	190	(a) after July 1, 2026, within six months after becoming subject to the
191	191	provisions of subsection (a). Such training shall be provided by the
192	192	department for children and families or a partner approved by the
193	193	department.
194	194	Sec. 2. K.S.A. 2024 Supp. 38-2223 is hereby repealed.
195	195	Sec. 3. This act shall take effect and be in force from and after its
196	196	publication in the statute book.
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