Session of 2025
SENATE BILL No. 128
By Committee on Judiciary
1-30
AN ACT concerning social workers; relating to attorney-client privilege;
creating an exception to certain mandatory reporting obligations for
licensed social workers when working under the supervision of an
attorney; permitting attorneys to require certain licensed social workers
to keep ethical obligations of attorney-client privilege when working
under the supervision of such attorney; amending K.S.A. 38-2224, 39-
1402, 39-1403, 39-1431, 39-1432 and 65-6315 and K.S.A. 2024 Supp.
38-2223 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 38-2223 is hereby amended to read as
follows: 38-2223. (a) Persons making reports. (1) Except as provided in
subsection (a)(3), when any of the following persons has reason to suspect
that a child has been harmed as a result of physical, mental or emotional
abuse or neglect or sexual abuse, the person shall report the matter
promptly as provided in subsections (b) and (c);
(A) The following persons providing medical care or treatment:
Persons licensed to practice the healing arts, dentistry and optometry,
persons engaged in postgraduate training programs approved by the state
board of healing arts, licensed professional or practical nurses and chief
administrative officers of medical care facilities;
(B) the following persons licensed by the state to provide mental
health services: Licensed psychologists, licensed masters level
psychologists, licensed clinical psychotherapists, licensed social workers,
licensed marriage and family therapists, licensed clinical marriage and
family therapists, licensed behavioral analysts, licensed assistant
behavioral analysts, licensed professional counselors, licensed clinical
professional counselors and registered alcohol and drug abuse counselors;
(C) teachers, school administrators and other employees of an
educational institution that the child is attending and any member of the
board of directors of the Kansas state high school activities association
referenced in K.S.A. 72-7114, and amendments thereto, and any person
who is employed by or is an officer of such association;
(D) persons licensed by the secretary of health and environment to
provide child care services or the employees of persons so licensed at the
place where the child care services are being provided to the child;
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(E) firefighters, emergency medical services personnel, law
enforcement officers, juvenile intake and assessment workers, court
services officers, community corrections officers, case managers appointed
under K.S.A. 23-3508, and amendments thereto, and mediators appointed
under K.S.A. 23-3502, and amendments thereto; and
(F) any person employed by or who works as a volunteer for any
organization, whether for profit or not-for-profit, that provides social
services to pregnant teenagers, including, but not limited to, counseling,
adoption services and pregnancy education and maintenance.
(2) In addition to the reports required under subsection (a)(1), any
person who has reason to suspect that a child may be a child in need of
care may report the matter as provided in subsection (b) and (c).
(3) Notwithstanding any other provisions of law, licensed social
workers described in subsection (a)(1)(B) shall not be required to report
suspected abuse or neglect of a child when a licensed social worker is
working under the supervision of an attorney and:
(A) The attorney is providing representation in a criminal, civil,
domestic or juvenile matter, and the reason to suspect that a child has
been harmed as a result of physical, mental or emotional abuse or neglect
or sexual abuse arises solely in the course of that representation; or
(B) a prospective client is seeking representation from the attorney in
a criminal, civil, domestic or juvenile matter, and the reason to suspect
that a child has been harmed as a result of physical, mental or emotional
abuse or neglect or sexual abuse arises solely in the course of seeking that
representation.
(b) Form of report. (1) The report may be made orally and shall be
followed by a written report if requested. Every report shall contain, if
known: The names and addresses of the child and the child's parents or
other persons responsible for the child's care; the location of the child if
not at the child's residence; the child's gender, race and age; the reasons
why the reporter suspects the child may be a child in need of care; if abuse
or neglect or sexual abuse is suspected, the nature and extent of the harm
to the child, including any evidence of previous harm; and any other
information that the reporter believes might be helpful in establishing the
cause of the harm and the identity of the persons responsible for the harm.
(2) When reporting a suspicion that a child may be in need of care,
the reporter shall disclose protected health information freely and
cooperate fully with the secretary and law enforcement throughout the
investigation and any subsequent legal process.
(c) To whom made. Reports made pursuant to this section shall be
made to the secretary, except as follows:
(1) When the Kansas department for children and families is not open
for business, reports shall be made to the appropriate law enforcement
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agency. On the next day that the department is open for business, the law
enforcement agency shall report to the department any report received and
any investigation initiated pursuant to K.S.A. 38-2226, and amendments
thereto. The reports may be made orally or, on request of the secretary, in
writing.
(2) Reports of child abuse or neglect occurring in an institution
operated by the Kansas department of corrections shall be made to the
attorney general or the secretary of corrections. Reports of child abuse or
neglect occurring in an institution operated by the Kansas department for
aging and disability services shall be made to the appropriate law
enforcement agency. All other reports of child abuse or neglect by persons
employed by the Kansas department for aging and disability services or
the Kansas department for children and families, or of children of persons
employed by either department, shall be made to the appropriate law
enforcement agency.
(d) Death of child. Any person who is required by this section to
report a suspicion that a child is in need of care and who knows of
information relating to the death of a child shall immediately notify the
coroner as provided by K.S.A. 22a-242, and amendments thereto.
(e) Violations. (1) Willful and knowing failure to make a report
required by this section is a class B misdemeanor. It is not a defense that
another mandatory reporter made a report.
(2) Intentionally preventing or interfering with the making of a report
required by this section is a class B misdemeanor.
(3) Any person who willfully and knowingly makes a false report
pursuant to this section or makes a report that such person knows lacks
factual foundation is guilty of a class B misdemeanor.
(f) Immunity from liability. Anyone who, without malice, participates
in the making of a report to the secretary or a law enforcement agency
relating to a suspicion a child may be a child in need of care or who
participates in any activity or investigation relating to the report or who
participates in any judicial proceeding resulting from the report shall have
immunity from any civil liability that might otherwise be incurred or
imposed.
Sec. 2. K.S.A. 38-2224 is hereby amended to read as follows: 38-
2224. (a) Except as provided in subsection (b), no employer shall
terminate the employment of, prevent or impair the practice or occupation
of, or impose any other sanction on, any employee because the employee
made an oral or written report to, or cooperated with an investigation by, a
law enforcement agency or the secretary relating to harm inflicted upon a
child which was suspected by the employee of having resulted from the
physical, mental or emotional abuse or neglect or sexual abuse of the
child.
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(b) An attorney may require a licensed social worker with reporting
obligations pursuant to K.S.A. 38-2223(a)(1)(B), and amendments thereto,
to maintain the confidentiality of information in compliance with the
attorney's ethical obligation under the Kansas rules of professional
conduct when the licensed social worker is working under the supervision
of such attorney and:
(1) The attorney is providing representation in a criminal, civil,
domestic or juvenile matter, and the reason to suspect that a child has
been harmed as a result of physical, mental or emotional abuse or neglect
or sexual abuse arises solely in the course of that representation; or
(2) a prospective client is seeking representation from the attorney in
a criminal, civil, domestic or juvenile matter, and the reason to suspect
that a child has been harmed as a result of physical, mental or emotional
abuse or neglect or sexual abuse arises solely in the course of seeking that
representation.
(c) Violation of this section is a class B misdemeanor.
Sec. 3. K.S.A. 39-1402 is hereby amended to read as follows: 39-
1402. (a) Except as provided in subsection (d), any person who is licensed
to practice any branch of the healing arts, a licensed psychologist, a
licensed master level psychologist, a licensed clinical psychotherapist, a
chief administrative officer of a medical care facility, an adult care home
administrator or operator, a licensed social worker, a licensed professional
nurse, a licensed practical nurse, a licensed marriage and family therapist,
a licensed clinical marriage and family therapist, licensed professional
counselor, licensed clinical professional counselor, registered alcohol and
drug abuse counselor, a teacher, a bank trust officer and any other officers
of financial institutions, a legal representative, a governmental assistance
provider or an emergency medical service provider who has reasonable
cause to believe that a resident is being or has been abused, neglected or
exploited, or is in a condition that is the result of such abuse, neglect or
exploitation or is in need of protective services, shall report immediately
such information or cause a report of such information to be made in any
reasonable manner to the Kansas department for aging and disability
services with respect to residents defined under K.S.A. 39-1401(a)(1), and
amendments thereto, to the department of health and environment with
respect to residents defined under K.S.A. 39-1401(a)(2), and amendments
thereto, and to the Kansas department for children and families and
appropriate law enforcement agencies with respect to all other residents.
Reports made to one department that are required by this subsection to be
made to the other department shall be referred by the department to which
the report is made to the appropriate department for that report, and any
such report shall constitute compliance with this subsection. Reports shall
be made during the normal working week days and hours of operation of
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such departments. Reports shall be made to law enforcement agencies
during the time the departments are not open for business. Law
enforcement agencies shall submit the report and appropriate information
to the appropriate department on the first working day that such
department is open for business. A report made pursuant to K.S.A. 65-
4923 or 65-4924, and amendments thereto, shall be deemed a report under
this section.
(b) The report made pursuant to subsection (a) shall contain the name
and address of the person making the report and of the caretaker caring for
the resident, the name and address of the involved resident, information
regarding the nature and extent of the abuse, neglect or exploitation, the
name of the next of kin of the resident, if known, and any other
information that the person making the report believes might be helpful in
an investigation of the case and the protection of the resident.
(c) Any other person, not listed in subsection (a), having reasonable
cause to suspect or believe that a resident is being or has been abused,
neglected or exploited or is in a condition that is the result of such abuse,
neglect or exploitation or is in need of protective services may report such
information to the Kansas department for aging and disability services
with respect to residents defined under K.S.A. 39-1401(a)(1), and
amendments thereto, to the department of health and environment with
respect to residents defined under K.S.A. 39-1401(a)(2), and amendments
thereto, and to the Kansas department for children and families with
respect to all other residents. Reports made to the incorrect department
under this section shall be referred by such department to the appropriate
department for that report.
(d) Notwithstanding any other provisions of law, licensed social
workers described in subsection (a) shall not be required to report
suspected abuse or neglect of a resident when a licensed social worker is
working under the supervision of an attorney and:
(1) The attorney is providing representation in a criminal, civil,
domestic or juvenile matter, and the reasonable cause to believe that a
resident is being or has been abused, neglected or exploited, or is in a
condition that is the result of such abuse, neglect or exploitation or is in
need of protective services arises solely in the course of that
representation; or
(2) a prospective client is seeking representation from the attorney in
a criminal, civil, domestic or juvenile matter, and the reasonable cause to
believe that a resident is being or has been abused, neglected or exploited,
or is in a condition that is the result of such abuse, neglect or exploitation
or is in need of protective services arises solely in the course of seeking
that representation.
(e) Notice of the requirements of this act and the department to which
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a report is to be made under this act shall be posted in a conspicuous
public place in every adult care home and medical care facility in this
state.
(e)(f) Any person required to report information or cause a report of
information to be made under subsection (a) who knowingly fails to make
such report or cause such report to be made shall be guilty of a class B
misdemeanor.
Sec. 4. K.S.A. 39-1403 is hereby amended to read as follows: 39-
1403. (a) Anyone participating in the making of any report pursuant to this
act, or in any follow-up activity to or investigation of such report or any
other report of abuse, neglect or exploitation of an adult or who testifies in
any administrative or judicial proceeding arising from such report shall not
be subject to any civil liability on account of such report, investigation or
testimony, unless such person acted in bad faith or with malicious purpose.
(b) Except as provided in subsection (c), no employer shall terminate
the employment of, prevent or impair the practice or occupation of or
impose any other sanction on any employee solely for the reason that such
employee made or caused to be made a report under this act.
(c) An attorney may require a licensed social worker with reporting
obligations pursuant to K.S.A. 39-1402(a), and amendments thereto, to
maintain the confidentiality of information in compliance with the
attorney's ethical obligation under the Kansas rules of professional
conduct when the licensed social worker is working under the supervision
of such attorney and:
(1) The attorney is providing representation in a criminal, civil,
domestic or juvenile matter, and the reasonable cause to believe that a
resident is being or has been abused, neglected or exploited, or is in a
condition that is the result of such abuse, neglect or exploitation or is in
need of protective services arises solely in the course of that
representation; or
(2) a prospective client is seeking representation from the attorney in
a criminal, civil, domestic or juvenile matter, and the reasonable cause to
believe that a resident is being or has been abused, neglected or exploited,
or is in a condition that is the result of such abuse, neglect or exploitation
or is in need of protective services arises solely in the course of seeking
that representation.
Sec. 5. K.S.A. 39-1431 is hereby amended to read as follows: 39-
1431. (a) (1) Except as provided in subsection (a)(3), when any of the
following persons has reasonable cause to suspect or believe that an adult
is in need of protective services or being harmed as a result of abuse,
neglect or financial exploitation, such person shall promptly report the
matter as provided by the provisions of this section:
(A) Persons licensed to practice the healing arts;
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(B) persons engaged in postgraduate training programs approved by
the state board of healing arts;
(C) persons licensed by the Kansas dental board to engage in the
practice of dentistry;
(D) persons licensed by the board of examiners in optometry to
engage in the practice of optometry;
(E) persons licensed by the board of nursing to engage in the practice
of nursing;
(F) chief administrative officers of medical care facilities;
(G) persons licensed by the behavioral sciences regulatory board to
provide mental health services, including psychologists, masters level
psychologists, bachelors level social workers, masters level social workers,
clinical social workers, marriage and family therapists, clinical marriage
and family therapists, professional counselors, clinical professional
counselors, behavior analysts, addiction counselors and clinical addiction
counselors;
(H) teachers, school administrators or other employees of any Kansas
educational institution, as defined in K.S.A. 75-53,112, and amendments
thereto, that the adult is attending;
(I) firefighters, law enforcement officers and emergency medical
services personnel;
(J) court services officers, community corrections officers, case
managers appointed under K.S.A. 23-3508, and amendments thereto, and
mediators appointed under K.S.A. 23-3502, and amendments thereto;
(K) bank trust officers or any other officers of financial institutions;
(L) rehabilitation counselors;
(M) legal representatives;
(N) governmental assistance providers;
(O) independent living counselors;
(P) owners or operators of residential care facilities, as defined in
K.S.A. 39-2002, and amendments thereto;
(Q) the chief administrative officer of a licensed home health agency,
as defined in K.S.A. 65-5101, and amendments thereto;
(R) the chief administrative officer of an adult family home, as
defined in K.S.A. 39-1501, and amendments thereto; and
(S) the chief administrative officer of any provider of community
services and affiliates thereof operated or funded by the Kansas
department for children and families or licensed under K.S.A. 39-2001 et
seq., and amendments thereto.
(2) An employee of a domestic violence center shall not be required
to report information or cause a report of information to be made under
this subsection.
(3) Notwithstanding any other provisions of law, a licensed social
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worker described in subsection (a)(1)(G) shall not be required to report
the need for protective services for or harm to an adult as defined in
K.S.A. 39-1430(b), and amendments thereto, when the licensed social
worker is working under the supervision of an attorney and:
(A) The attorney is providing representation in a criminal, civil,
domestic or juvenile matter, and the reasonable cause to suspect or believe
that an adult is in need of protective services or being harmed as a result
of abuse, neglect or financial exploitation arises solely in the course of
that representation; or
(B) a prospective client is seeking representation from the attorney in
a criminal, civil, domestic or juvenile matter, and the reasonable cause to
suspect or believe that an adult is in need of protective services or being
harmed as a result of abuse, neglect or financial exploitation arises solely
in the course of seeking that representation.
(b) Other state agencies receiving reports that are to be referred to the
Kansas department for children and families and the appropriate law
enforcement agency, shall submit the report to the department and agency
within six hours, during normal work days, of receiving the information.
Reports shall be made to the Kansas department for children and families
during the normal working week days and hours of operation. Reports
shall be made to law enforcement agencies during the time the Kansas
department for children and families is not in operation. Law enforcement
shall submit the report and appropriate information to the Kansas
department for children and families on the first working day that the
Kansas department for children and families is in operation after receipt of
such information.
(c) The report made pursuant to this section shall contain the name
and address of the person making the report and of the caretaker caring for
the involved adult, the name and address of the involved adult, information
regarding the nature and extent of the abuse, neglect or financial
exploitation, the name of the next of kin of the involved adult, if known,
and any other information that the person making the report believes might
be helpful in the investigation of the case and the protection of the
involved adult.
(d) Any other person, not listed in subsection (a) who has reasonable
cause to suspect or believe that an adult is being or has been harmed as a
result of abuse, neglect or financial exploitation may report such
information to the Kansas department for children and families. Reports
shall be made to law enforcement agencies during the time the Kansas
department for children and families is not in operation.
(e) A person making a report under subsection (a) shall not be
required to make a report under K.S.A. 39-1401 through 39-1410, and
amendments thereto.
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(f) Any person required to report information or cause a report of
information to be made under subsection (a) who knowingly fails to make
such report or knowingly causes such report not to be made shall be guilty
of a class B misdemeanor.
(g) Notice of the requirements of this act and the department to which
a report is to be made under this act shall be posted in a conspicuous
public place in every adult family home as defined in K.S.A. 39-1501, and
amendments thereto, and every provider of community services and
affiliates thereof operated or funded by the Kansas department for aging
and disability services or other facility licensed under K.S.A. 39-2001 et
seq., and amendments thereto, and other institutions included in subsection
(a).
Sec. 6. K.S.A. 39-1432 is hereby amended to read as follows: 39-
1432. (a) Anyone participating in the making of any report pursuant to this
act, or in any follow-up activity to the report, including providing records
upon request of the Kansas department for children and families, or
investigation of such report or who testifies in any administrative or
judicial proceeding arising from such report shall not be subject to any
civil liability on account of such report, investigation or testimony, unless
such person acted in bad faith or with malicious purpose.
(b) Except as provided in subsection (c), no employer shall terminate
the employment of, prevent or impair the practice or occupation of or
impose any other sanction on any employee solely for the reason that such
employee made or caused to be made a report, or cooperated with an
investigation, under this act. A court, in addition to other damages and
remedies, may assess reasonable attorney fees against an employer who
has been found to have violated the provisions of this subsection.
(c) An attorney may require a licensed social worker with reporting
obligations pursuant to K.S.A. 39-1431(a)(1)(G), and amendments thereto,
to maintain the confidentiality of information in compliance with the
attorney's ethical obligation under the Kansas rules of professional
conduct when the licensed social worker is working under the supervision
of such attorney and:
(1) The attorney is providing representation in a criminal, civil,
domestic or juvenile matter, and the reasonable cause to suspect or believe
that an adult is in need of protective services or being harmed as a result
of abuse, neglect or financial exploitation arises solely in the course of
that representation; or
(2) a prospective client is seeking representation from the attorney in
a criminal, civil, domestic or juvenile matter, and the reasonable cause to
suspect or believe that an adult is in need of protective services or being
harmed as a result of abuse, neglect or financial exploitation arises solely
in the course of seeking that representation.
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Sec. 7. K.S.A. 65-6315 is hereby amended to read as follows: 65-
6315. (a) No licensed social work associate or licensed baccalaureate
social worker, secretary, stenographer or clerk of a licensed social work
associate or licensed baccalaureate social worker or anyone who
participates in delivery of social work services or anyone working under
supervision of a licensed social worker may disclose any information such
person may have acquired from persons consulting such person in the
person's professional capacity or be compelled to disclose such
information except:
(1) With the written consent of the client, or in the case of death or
disability, of the personal representative of the client, other person
authorized to sue or the beneficiary of an insurance policy on the client's
life, health or physical condition;
(2) when the person is a child under the age of 18 years and the
information acquired by the licensed social worker indicated that the child
was the victim or subject of a crime, the licensed social worker may be
required to testify fully in relation thereto upon any examination, trial or
other proceeding in which the commission of such a crime is a subject of
inquiry, unless the information is acquired while working under the
supervision of an attorney providing services to a client in a criminal,
civil, domestic or juvenile matter, or when a prospective client sought
representation in a criminal, civil, domestic or juvenile matter, and the
information was obtained solely in the course of that work under the
supervision of the attorney;
(3) when the person waives the privilege by bringing charges against
the licensed social worker but only to the extent that such information is
relevant under the circumstances.
(b) The confidential relations and communications between a licensed
master social worker's or a licensed specialist clinical social worker's client
are placed on the same basis as provided by law for those between an
attorney and an attorney's client.
(c) Notwithstanding the provisions of subsection (a)(2) and K.S.A.
38-2223(a)(3), 39-1402(d) and 39-1431(a)(3), and amendments thereto,
nothing in this section or in this act shall be construed to prohibit any
licensed social worker from testifying in court hearings concerning matters
of adult abuse, adoption, child abuse, child neglect, or other matters
pertaining to the welfare of children or from seeking collaboration or
consultation with professional colleagues or administrative superiors, or
both, on behalf of the client.
(d) There is no privilege under this section for information which is
required to be reported to a public official, except for information acquired
while working under the supervision of an attorney providing services to a
client in a criminal, civil, domestic or juvenile matter, or when a
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prospective client sought representation in a criminal, civil, domestic or
juvenile matter, and the information was obtained solely in the course of
that work under the supervision of the attorney.
Sec. 8. K.S.A. 38-2224, 39-1402, 39-1403, 39-1431, 39-1432 and 65-
6315 and K.S.A. 2024 Supp. 38-2223 are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
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