KS
Kansas Senate Bill SB236

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB236 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 236
33 By Committee on Public Health and Welfare
44 2-6
55 AN ACT concerning childhood abuse or neglect; authorizing victims of
66 childhood abuse or neglect to access records related to substantiated
77 reports or investigations of abuse or neglect; amending K.S.A. 2024
88 Supp. 38-2212 and repealing the existing section.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. K.S.A. 2024 Supp. 38-2212 is hereby amended to read as
1111 follows: 38-2212. (a) Principle of appropriate access. Information
1212 contained in confidential agency records concerning a child alleged or
1313 adjudicated to be in need of care may be disclosed as provided in this
1414 section and shall be disclosed as provided in subsection subsections (e)
1515 and (g). Disclosure shall in all cases be guided by the principle of
1616 providing access only to persons or entities with a need for information
1717 that is directly related to achieving the purposes of this code.
1818 (b) Free exchange of information. Pursuant to K.S.A. 38-2210, and
1919 amendments thereto, the secretary and juvenile intake and assessment
2020 agencies shall participate in the free exchange of information concerning a
2121 child who is alleged or adjudicated to be in need of care.
2222 (c) Necessary access. The following persons or entities shall have
2323 access to information from agency records. Access shall be limited to
2424 information reasonably necessary to carry out their lawful responsibilities,
2525 to maintain their personal safety and the personal safety of individuals in
2626 their care, or to educate, diagnose, treat, care for or protect a child alleged
2727 to be in need of care. Information authorized to be disclosed pursuant to
2828 this subsection shall not contain information that identifies a reporter of a
2929 child who is alleged or adjudicated to be a child in need of care.
3030 (1) A child named in the report or records, a guardian ad litem
3131 appointed for the child and the child's attorney.
3232 (2) A parent or other person responsible for the welfare of a child, or
3333 such person's legal representative.
3434 (3) A court-appointed special advocate for a child, a citizen review
3535 board or other advocate that reports to the court.
3636 (4) A person licensed to practice the healing arts or mental health
3737 profession in order to diagnose, care for, treat or supervise:
3838 (A) A child whom such service provider reasonably suspects may be
3939 in need of care;
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7676 (B) a member of the child's family; or
7777 (C) a person who allegedly abused or neglected the child.
7878 (5) A person or entity licensed or registered by the secretary of health
7979 and environment or approved by the secretary for children and families to
8080 care for, treat or supervise a child in need of care.
8181 (6) A coroner or medical examiner when such person is determining
8282 the cause of death of a child.
8383 (7) The state child death review board established under K.S.A. 22a-
8484 243, and amendments thereto.
8585 (8) An attorney for a private party who files a petition pursuant to
8686 K.S.A. 38-2233(b), and amendments thereto.
8787 (9) A foster parent, prospective foster parent, permanent custodian,
8888 prospective permanent custodian, adoptive parent or prospective adoptive
8989 parent. In order to assist such persons in making an informed decision
9090 regarding acceptance of a particular child, to help the family anticipate
9191 problems that may occur during the child's placement, and to help the
9292 family meet the needs of the child in a constructive manner, the secretary
9393 shall seek and shall provide the following information to such persons as
9494 the information becomes available to the secretary:
9595 (A) Strengths, needs and general behavior of the child;
9696 (B) circumstances that necessitated placement;
9797 (C) information about the child's family and the child's relationship to
9898 the family that may affect the placement;
9999 (D) important life experiences and relationships that may affect the
100100 child's feelings, behavior, attitudes or adjustment;
101101 (E) medical history of the child, including third-party coverage that
102102 may be available to the child; and
103103 (F) education history, to include present grade placement, special
104104 strengths and weaknesses.
105105 (10) The state protection and advocacy agency as provided by K.S.A.
106106 65-5603(a)(10) or 74-5515(a)(2)(A) and (B), and amendments thereto.
107107 (11) Any educational institution to the extent necessary to enable the
108108 educational institution to provide the safest possible environment for its
109109 pupils and employees.
110110 (12) Any educator to the extent necessary to enable the educator to
111111 protect the personal safety of the educator and the educator's pupils.
112112 (13) The office of the child advocate pursuant to the child advocate
113113 act.
114114 (14) Any other federal, state or local government executive branch
115115 entity or any agent of such entity, having a need for such information in
116116 order to carry out such entity's responsibilities under the law to protect
117117 children from abuse and neglect.
118118 (d) Specified access. The following persons or entities shall have
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162162 access to information contained in agency records as specified.
163163 Information authorized to be disclosed pursuant to this subsection shall not
164164 contain information that identifies a reporter of a child who is alleged or
165165 adjudicated to be a child in need of care.
166166 (1) Information from confidential agency records of the Kansas
167167 department for children and families, a law enforcement agency or any
168168 juvenile intake and assessment worker of a child alleged or adjudicated to
169169 be in need of care shall be available to members of the standing house or
170170 senate committee on judiciary, house committee on corrections and
171171 juvenile justice, house committee on child welfare and foster care, house
172172 committee on appropriations, senate committee on ways and means,
173173 legislative post audit committee and any joint committee with authority to
174174 consider children's and families' issues, when carrying out such member's
175175 or committee's official functions in accordance with K.S.A. 75-4319, and
176176 amendments thereto, in a closed or executive meeting. Except in limited
177177 conditions established by
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179179 /3 of the members of such committee, records
180180 and reports received by the committee shall not be further disclosed.
181181 Unauthorized disclosure may subject such member to discipline or censure
182182 from the house of representatives or senate. The secretary for children and
183183 families shall not summarize the outcome of department actions regarding
184184 a child alleged to be a child in need of care in information available to
185185 members of such committees.
186186 (2) The secretary for children and families may summarize the
187187 outcome of department actions regarding a child alleged to be a child in
188188 need of care to a person having made such report.
189189 (3) Information from confidential reports or records of a child alleged
190190 or adjudicated to be a child in need of care may be disclosed to the public
191191 when:
192192 (A) The individuals involved or their representatives have given
193193 express written consent; or
194194 (B) the investigation of the abuse or neglect of the child or the filing
195195 of a petition alleging a child to be in need of care has become public
196196 knowledge, except that the agency shall limit disclosure to confirmation of
197197 procedural details relating to the handling of the case by professionals.
198198 (e) Law enforcement access. The secretary shall disclose confidential
199199 agency records of a child alleged or adjudicated to be a child in need of
200200 care, as described in K.S.A. 38-2209, and amendments thereto, to the law
201201 enforcement agency investigating the alleged or substantiated report or
202202 investigation of abuse or neglect, regardless of the disposition of such
203203 report or investigation. Such records shall include, but not be limited to,
204204 any information regarding such report or investigation, records of past
205205 reports or investigations concerning such child and such child's siblings
206206 and the perpetrator or alleged perpetrator and the name and contact
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250250 information of the reporter or persons alleging abuse or neglect and case
251251 managers, investigators or contracting entity employees assigned to or
252252 investigating such report. Such records shall only be used for the purposes
253253 of investigating the alleged or substantiated report or investigation of
254254 abuse or neglect.
255255 (f) Court order. Notwithstanding the provisions of this section, a
256256 court of competent jurisdiction, after in camera inspection, may order
257257 disclosure of confidential agency records pursuant to a determination that
258258 the disclosure is in the best interests of the child who is the subject of the
259259 reports or that the records are necessary for the proceedings of the court.
260260 The court shall specify the terms of disclosure and impose appropriate
261261 limitations.
262262 (g) Authorized access. A person shall have access to information
263263 from agency records related to a substantiated report or investigation of
264264 abuse or neglect if such person is 18 years of age or older and was the
265265 child who is the subject of such substantiated report or investigation.
266266 Information authorized to be disclosed pursuant to this subsection shall
267267 not contain information that identifies any person who reported the abuse
268268 or neglect.
269269 (h) (1) Notwithstanding any other provision of law to the contrary,
270270 except as provided in paragraph (6), in the event that child abuse or
271271 neglect results in a child fatality or near fatality, reports or records of a
272272 child alleged or adjudicated to be in need of care received by the secretary,
273273 a law enforcement agency or any juvenile intake and assessment worker
274274 shall become a public record and subject to disclosure pursuant to K.S.A.
275275 45-215, and amendments thereto.
276276 (2) Within seven days of receipt of a request in accordance with the
277277 procedures adopted under K.S.A. 45-220, and amendments thereto, the
278278 secretary shall notify any affected individual that an open records request
279279 has been made concerning such records. The secretary or any affected
280280 individual may file a motion requesting the court to prevent disclosure of
281281 such record or report, or any select portion thereof. Notice of the filing of
282282 such motion shall be provided to all parties requesting the records or
283283 reports, and such party or parties shall have a right to hearing, upon
284284 request, prior to the entry of any order on such motion. If the affected
285285 individual does not file such motion within seven days of notification, and
286286 the secretary has not filed a motion, the secretary shall release the reports
287287 or records. If such motion is filed, the court shall consider the effect such
288288 disclosure may have upon an ongoing criminal investigation, a pending
289289 prosecution, or the privacy of the child, if living, or the child's siblings,
290290 parents or guardians, and the public's interest in the disclosure of such
291291 records or reports. The court shall make written findings on the record
292292 justifying the closing of the records and shall provide a copy of the journal
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336336 entry to the affected parties and the individual requesting disclosure
337337 pursuant to the Kansas open records act, K.S.A. 45-215 et seq., and
338338 amendments thereto.
339339 (3) Notwithstanding the provisions of paragraph (2), in the event that
340340 child abuse or neglect results in a child fatality or criminal charges are
341341 filed with a court alleging that a person caused a child fatality, the
342342 secretary shall release the following information in response to an open
343343 records request made pursuant to the Kansas open records act, within
344344 seven business days of receipt of such request, as allowed by applicable
345345 law:
346346 (A) Age and sex of the child;
347347 (B) date of the fatality;
348348 (C) a summary of any previous reports of abuse or neglect received
349349 by the secretary involving the child, along with the findings of such
350350 reports; and
351351 (D) any department recommended services provided to the child.
352352 (4) Notwithstanding the provisions of paragraph (2), in the event that
353353 a child fatality occurs while such child was in the custody of the secretary
354354 for children and families, the secretary shall release the following
355355 information in response to an open records request made pursuant to the
356356 Kansas open records act, within seven business days of receipt of such
357357 request, as allowed by applicable law:
358358 (A) Age and sex of the child;
359359 (B) date of the fatality; and
360360 (C) a summary of the facts surrounding the death of the child.
361361 (5) For reports or records requested pursuant to this subsection, the
362362 time limitations specified in this subsection shall control to the extent of
363363 any inconsistency between this subsection and K.S.A. 45-218, and
364364 amendments thereto. As used in this section, "near fatality" means an act
365365 that, as certified by a person licensed to practice medicine and surgery,
366366 places the child in serious or critical condition.
367367 (6) Nothing in this subsection shall allow the disclosure of reports,
368368 records or documents concerning the child and such child's biological
369369 parents that were created prior to such child's adoption. Nothing herein is
370370 intended to require that an otherwise privileged communication lose its
371371 privileged character.
372372 Sec. 2. K.S.A. 2024 Supp. 38-2212 is hereby repealed.
373373 Sec. 3. This act shall take effect and be in force from and after its
374374 publication in the statute book.
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