SESSION OF 2025
SUPPLEMENTAL NOTE ON SENATE BILL NO. 128
As Recommended by Senate Committee on
Judiciary
Brief*
SB 128 would create an exception to certain mandatory
reporting obligations for licensed social workers who are
supervised by an attorney. The bill would permit such
attorneys to require such social workers to maintain attorney-
client privilege.
Mandatory Reporting Exceptions
In continuing law, licensed social workers are among a
group of individuals required to report when they have
reasonable suspicion that a child or vulnerable adult has
been physically, mentally, emotionally, or sexually abused or
neglected.
The bill would apply an exception to the mandatory
reporting requirement for licensed social workers who are
working under the supervision of an attorney when:
●The attorney is representing a client in a criminal,
civil, domestic, or juvenile matter, and the reason to
suspect a child or vulnerable adult has been
harmed by physical, mental, or emotional abuse or
neglect or sexual abuse arises solely in the course
of such representation; or
●A prospective client is seeking the attorney’s
representation in a matter described above, and
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ the reason to suspect a child or vulnerable adult
has been harmed in a manner described above
arises solely in the course of seeking such
representation.
Exception for Testifying in Court Proceedings
The bill would also except such licensed social workers
in such circumstances defined above from testifying in an
examination, trial, or other proceeding in which the
commission of such a crime is a subject of inquiry.
Exception for Reports to Public Officials
The bill would extend the mandatory reporting exception
for such licensed social workers to other information that is
required to be reported to a public official.
Attorney-Client Confidentiality
According to the Kansas Rules of Professional Conduct,
with limited exceptions, an attorney has an ethical obligation
to keep confidential all client information obtained during the
course of representation.
Under the circumstances described in the section above
regarding when a social worker would not be required to
report, the supervising attorney could require such licensed
social worker to maintain confidentiality in compliance with
the attorney’s ethical obligation under the Kansas Rules of
Professional Conduct.
Background
The bill was introduced by the Senate Committee on
Judiciary at the request of Senator Bowers.
2- 128 Senate Committee on Judiciary
In the Senate Committee hearing, proponent testimony
was provided by representatives of the State Board of
Indigents’ Defense Services, the Kansas Federal Public
Defender’s Office, the Midwest Innocence Project, and
Washburn Law Clinic, and a private citizen. The proponents
generally stated the bill would give clients greater access to
important expertise and services that licensed social workers
can provide.
Written-only proponent testimony was provided by a
representative of the National Association of Social Workers
and a private citizen.
No other testimony was provided.
The Senate Committee recommended the bill be placed
on the Consent Calendar.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, the Office of Judicial Administration
indicates enactment of the bill would have minimal fiscal
effect on the agency.
The Office of the Attorney General indicates enactment
of the bill would have no fiscal effect on the agency.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2026 Governor’s Budget Report.
Judiciary; social workers; attorney-client privilege; mandatory reporting
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