Session of 2025
SENATE BILL No. 236
By Committee on Public Health and Welfare
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AN ACT concerning childhood abuse or neglect; authorizing victims of
childhood abuse or neglect to access records related to substantiated
reports or investigations of abuse or neglect; amending K.S.A. 2024
Supp. 38-2212 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 38-2212 is hereby amended to read as
follows: 38-2212. (a) Principle of appropriate access. Information
contained in confidential agency records concerning a child alleged or
adjudicated to be in need of care may be disclosed as provided in this
section and shall be disclosed as provided in subsection subsections (e)
and (g). Disclosure shall in all cases be guided by the principle of
providing access only to persons or entities with a need for information
that is directly related to achieving the purposes of this code.
(b) Free exchange of information. Pursuant to K.S.A. 38-2210, and
amendments thereto, the secretary and juvenile intake and assessment
agencies shall participate in the free exchange of information concerning a
child who is alleged or adjudicated to be in need of care.
(c) Necessary access. The following persons or entities shall have
access to information from agency records. Access shall be limited to
information reasonably necessary to carry out their lawful responsibilities,
to maintain their personal safety and the personal safety of individuals in
their care, or to educate, diagnose, treat, care for or protect a child alleged
to be in need of care. Information authorized to be disclosed pursuant to
this subsection shall not contain information that identifies a reporter of a
child who is alleged or adjudicated to be a child in need of care.
(1) A child named in the report or records, a guardian ad litem
appointed for the child and the child's attorney.
(2) A parent or other person responsible for the welfare of a child, or
such person's legal representative.
(3) A court-appointed special advocate for a child, a citizen review
board or other advocate that reports to the court.
(4) A person licensed to practice the healing arts or mental health
profession in order to diagnose, care for, treat or supervise:
(A) A child whom such service provider reasonably suspects may be
in need of care;
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(B) a member of the child's family; or
(C) a person who allegedly abused or neglected the child.
(5) A person or entity licensed or registered by the secretary of health
and environment or approved by the secretary for children and families to
care for, treat or supervise a child in need of care.
(6) A coroner or medical examiner when such person is determining
the cause of death of a child.
(7) The state child death review board established under K.S.A. 22a-
243, and amendments thereto.
(8) An attorney for a private party who files a petition pursuant to
K.S.A. 38-2233(b), and amendments thereto.
(9) A foster parent, prospective foster parent, permanent custodian,
prospective permanent custodian, adoptive parent or prospective adoptive
parent. In order to assist such persons in making an informed decision
regarding acceptance of a particular child, to help the family anticipate
problems that may occur during the child's placement, and to help the
family meet the needs of the child in a constructive manner, the secretary
shall seek and shall provide the following information to such persons as
the information becomes available to the secretary:
(A) Strengths, needs and general behavior of the child;
(B) circumstances that necessitated placement;
(C) information about the child's family and the child's relationship to
the family that may affect the placement;
(D) important life experiences and relationships that may affect the
child's feelings, behavior, attitudes or adjustment;
(E) medical history of the child, including third-party coverage that
may be available to the child; and
(F) education history, to include present grade placement, special
strengths and weaknesses.
(10) The state protection and advocacy agency as provided by K.S.A.
65-5603(a)(10) or 74-5515(a)(2)(A) and (B), and amendments thereto.
(11) Any educational institution to the extent necessary to enable the
educational institution to provide the safest possible environment for its
pupils and employees.
(12) Any educator to the extent necessary to enable the educator to
protect the personal safety of the educator and the educator's pupils.
(13) The office of the child advocate pursuant to the child advocate
act.
(14) Any other federal, state or local government executive branch
entity or any agent of such entity, having a need for such information in
order to carry out such entity's responsibilities under the law to protect
children from abuse and neglect.
(d) Specified access. The following persons or entities shall have
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access to information contained in agency records as specified.
Information authorized to be disclosed pursuant to this subsection shall not
contain information that identifies a reporter of a child who is alleged or
adjudicated to be a child in need of care.
(1) Information from confidential agency records of the Kansas
department for children and families, a law enforcement agency or any
juvenile intake and assessment worker of a child alleged or adjudicated to
be in need of care shall be available to members of the standing house or
senate committee on judiciary, house committee on corrections and
juvenile justice, house committee on child welfare and foster care, house
committee on appropriations, senate committee on ways and means,
legislative post audit committee and any joint committee with authority to
consider children's and families' issues, when carrying out such member's
or committee's official functions in accordance with K.S.A. 75-4319, and
amendments thereto, in a closed or executive meeting. Except in limited
conditions established by
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/3 of the members of such committee, records
and reports received by the committee shall not be further disclosed.
Unauthorized disclosure may subject such member to discipline or censure
from the house of representatives or senate. The secretary for children and
families shall not summarize the outcome of department actions regarding
a child alleged to be a child in need of care in information available to
members of such committees.
(2) The secretary for children and families may summarize the
outcome of department actions regarding a child alleged to be a child in
need of care to a person having made such report.
(3) Information from confidential reports or records of a child alleged
or adjudicated to be a child in need of care may be disclosed to the public
when:
(A) The individuals involved or their representatives have given
express written consent; or
(B) the investigation of the abuse or neglect of the child or the filing
of a petition alleging a child to be in need of care has become public
knowledge, except that the agency shall limit disclosure to confirmation of
procedural details relating to the handling of the case by professionals.
(e) Law enforcement access. The secretary shall disclose confidential
agency records of a child alleged or adjudicated to be a child in need of
care, as described in K.S.A. 38-2209, and amendments thereto, to the law
enforcement agency investigating the alleged or substantiated report or
investigation of abuse or neglect, regardless of the disposition of such
report or investigation. Such records shall include, but not be limited to,
any information regarding such report or investigation, records of past
reports or investigations concerning such child and such child's siblings
and the perpetrator or alleged perpetrator and the name and contact
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information of the reporter or persons alleging abuse or neglect and case
managers, investigators or contracting entity employees assigned to or
investigating such report. Such records shall only be used for the purposes
of investigating the alleged or substantiated report or investigation of
abuse or neglect.
(f) Court order. Notwithstanding the provisions of this section, a
court of competent jurisdiction, after in camera inspection, may order
disclosure of confidential agency records pursuant to a determination that
the disclosure is in the best interests of the child who is the subject of the
reports or that the records are necessary for the proceedings of the court.
The court shall specify the terms of disclosure and impose appropriate
limitations.
(g) Authorized access. A person shall have access to information
from agency records related to a substantiated report or investigation of
abuse or neglect if such person is 18 years of age or older and was the
child who is the subject of such substantiated report or investigation.
Information authorized to be disclosed pursuant to this subsection shall
not contain information that identifies any person who reported the abuse
or neglect.
(h) (1) Notwithstanding any other provision of law to the contrary,
except as provided in paragraph (6), in the event that child abuse or
neglect results in a child fatality or near fatality, reports or records of a
child alleged or adjudicated to be in need of care received by the secretary,
a law enforcement agency or any juvenile intake and assessment worker
shall become a public record and subject to disclosure pursuant to K.S.A.
45-215, and amendments thereto.
(2) Within seven days of receipt of a request in accordance with the
procedures adopted under K.S.A. 45-220, and amendments thereto, the
secretary shall notify any affected individual that an open records request
has been made concerning such records. The secretary or any affected
individual may file a motion requesting the court to prevent disclosure of
such record or report, or any select portion thereof. Notice of the filing of
such motion shall be provided to all parties requesting the records or
reports, and such party or parties shall have a right to hearing, upon
request, prior to the entry of any order on such motion. If the affected
individual does not file such motion within seven days of notification, and
the secretary has not filed a motion, the secretary shall release the reports
or records. If such motion is filed, the court shall consider the effect such
disclosure may have upon an ongoing criminal investigation, a pending
prosecution, or the privacy of the child, if living, or the child's siblings,
parents or guardians, and the public's interest in the disclosure of such
records or reports. The court shall make written findings on the record
justifying the closing of the records and shall provide a copy of the journal
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entry to the affected parties and the individual requesting disclosure
pursuant to the Kansas open records act, K.S.A. 45-215 et seq., and
amendments thereto.
(3) Notwithstanding the provisions of paragraph (2), in the event that
child abuse or neglect results in a child fatality or criminal charges are
filed with a court alleging that a person caused a child fatality, the
secretary shall release the following information in response to an open
records request made pursuant to the Kansas open records act, within
seven business days of receipt of such request, as allowed by applicable
law:
(A) Age and sex of the child;
(B) date of the fatality;
(C) a summary of any previous reports of abuse or neglect received
by the secretary involving the child, along with the findings of such
reports; and
(D) any department recommended services provided to the child.
(4) Notwithstanding the provisions of paragraph (2), in the event that
a child fatality occurs while such child was in the custody of the secretary
for children and families, the secretary shall release the following
information in response to an open records request made pursuant to the
Kansas open records act, within seven business days of receipt of such
request, as allowed by applicable law:
(A) Age and sex of the child;
(B) date of the fatality; and
(C) a summary of the facts surrounding the death of the child.
(5) For reports or records requested pursuant to this subsection, the
time limitations specified in this subsection shall control to the extent of
any inconsistency between this subsection and K.S.A. 45-218, and
amendments thereto. As used in this section, "near fatality" means an act
that, as certified by a person licensed to practice medicine and surgery,
places the child in serious or critical condition.
(6) Nothing in this subsection shall allow the disclosure of reports,
records or documents concerning the child and such child's biological
parents that were created prior to such child's adoption. Nothing herein is
intended to require that an otherwise privileged communication lose its
privileged character.
Sec. 2. K.S.A. 2024 Supp. 38-2212 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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