Session of 2000
SENATE BILL No. 482
By Committee on Judiciary
9 AN ACT concerning children; prescribing certain duties and responsi-
10 bilities for the secretary of social and rehabilitation services; amending
11 K.S.A. 38-1501, 38-1523a and 75-3329 and K.S.A. 1999 Supp. 38-1502,
12 38-1507, 38-1507b, 38-1513, 38-1544, 38-1562, 38-1563, 38-1565, 38-
13 1581, 38-1582, 38-1591 and 38-1608 and repealing the existing
16 Be it enacted by the Legislature of the State of Kansas:
17 Section 1. K.S.A. 38-1501 is hereby amended to read as follows: 38-
18 1501. (a) K.S.A. 38-1501 through
38-1593 38-1598 shall be known as and
19 may be cited as the Kansas code for care of children and shall be liberally
20 construed, to the end that each child within its provisions shall receive
21 the care, custody, guidance, control and discipline, preferably in the
22 child's own home, as will best serve the child's welfare and the best in-
23 terests of the state. The purposes and goals of this act shall be to achieve
24 for each child within its provisions, safety and permanence within a time
25 which takes into account the developmental needs of the child.
26 (b) All proceedings, orders, judgments and decrees shall be deemed
27 to have been taken and done in the exercise of the parental power of the
28 state. Proceedings pursuant to this code shall be civil in nature.
29 Sec. 2. K.S.A. 1999 Supp. 38-1502 is hereby amended to read as
30 follows: 38-1502. As used in this code, unless the context otherwise
32 (a) "Child in need of care" means a person less than 18 years of age
34 (1) Is without adequate parental care, control or subsistence and the
35 condition is not due solely to the lack of financial means of the child's
36 parents or other custodian;
37 (2) is without the care or control necessary for the child's physical,
38 mental or emotional health;
39 (3) has been physically, mentally or emotionally abused or neglected
40 or sexually abused;
41 (4) has been placed for care or adoption in violation of law;
42 (5) has been abandoned or does not have a known living parent;
43 (6) is not attending school as required by K.S.A. 72-977 or 72-1111,
1 and amendments thereto;
2 (7) except in the case of a violation of K.S.A. 41-727, subsection (j)
3 of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
4 ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
5 4204a and amendments thereto, does an act which, when committed by
6 a person under 18 years of age, is prohibited by state law, city ordinance
7 or county resolution but which is not prohibited when done by an adult;
8 (8) while less than 10 years of age, commits any act which if done by
9 an adult would constitute the commission of a felony or misdemeanor as
10 defined by K.S.A. 21-3105 and amendments thereto;
11 (9) is willfully and voluntarily absent from the child's home without
12 the consent of the child's parent or other custodian;
13 (10) is willfully and voluntarily absent
at least a second time from a
14 court ordered or designated placement, or a placement pursuant to court
15 order, if the absence is without the consent of the person with whom the
16 child is placed or, if the child is placed in a facility, without the consent
17 of the person in charge of such facility or such person's designee;
18 (11) has been residing in the same residence with a sibling or another
19 person under 18 years of age, who has been physically, mentally or emo-
20 tionally abused or neglected, or sexually abused; or
21 (12) while less than 10 years of age commits the offense defined in
22 K.S.A. 21-4204a and amendments thereto.
23 (b) "Physical, mental or emotional abuse or neglect" means the in-
24 fliction of physical, mental or emotional injury or the causing of a dete-
25 rioration of a child and may include, but shall not be limited to, failing to
26 maintain reasonable care and treatment, negligent treatment or maltreat-
27 ment or exploiting a child to the extent that the child's health or emotional
28 well-being is endangered. A parent legitimately practicing religious beliefs
29 who does not provide specified medical treatment for a child because of
30 religious beliefs shall not for that reason be considered a negligent parent;
31 however, this exception shall not preclude a court from entering an order
32 pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
33 (c) "Sexual abuse" means any act committed with a child which is
34 described in article 35, chapter 21 of the Kansas Statutes Annotated and
35 those acts described in K.S.A. 21-3602 or 21-3603, and amendments
36 thereto, regardless of the age of the child.
37 (d) "Parent," when used in relation to a child or children, includes a
38 guardian, conservator and every person who is by law liable to maintain,
39 care for or support the child.
40 (e) "Interested party" means the state, the petitioner, the child, any
41 parent and any person found to be an interested party pursuant to K.S.A.
42 38-1541 and amendments thereto.
43 (f) "Law enforcement officer" means any person who by virtue of
1 office or public employment is vested by law with a duty to maintain
2 public order or to make arrests for crimes, whether that duty extends to
3 all crimes or is limited to specific crimes.
4 (g) "Youth residential facility" means any home, foster home or struc-
5 ture which provides 24-hour-a-day care for children and which is licensed
6 pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.
7 (h) "Shelter facility" means any public or private facility or home
8 other than a juvenile detention facility that may be used in accordance
9 with this code for the purpose of providing either temporary placement
10 for the care of children in need of care prior to the issuance of a dispos-
11 itional order or longer term care under a dispositional order.
12 (i) "Juvenile detention facility" means any secure public or private
13 facility used for the lawful custody of accused or adjudicated juvenile
14 offenders which must not be a jail.
15 (j) "Adult correction facility" means any public or private facility, se-
16 cure or nonsecure, which is used for the lawful custody of accused or
17 convicted adult criminal offenders.
18 (k) "Secure facility" means a facility which is operated or structured
19 so as to ensure that all entrances and exits from the facility are under the
20 exclusive control of the staff of the facility, whether or not the person
21 being detained has freedom of movement within the perimeters of the
22 facility, or which relies on locked rooms and buildings, fences or physical
23 restraint in order to control behavior of its residents. No secure facility
24 shall be in a city or county jail.
25 (l) "Ward of the court" means a child over whom the court has ac-
26 quired jurisdiction by the filing of a petition pursuant to this code and
27 who continues subject to that jurisdiction until the petition is dismissed
28 or the child is discharged as provided in K.S.A. 38-1503 and amendments
30 (m) "Custody," whether temporary, protective or legal, means the
31 status created by court order or statute which vests in a custodian,
32 whether an individual or an agency, the right to physical possession of
33 the child and the right to determine placement of the child, subject to
34 restrictions placed by the court.
35 (n) "Placement" means the designation by the individual or agency
36 having custody of where and with whom the child will live.
37 (o) "Secretary" means the secretary of social and rehabilitation
39 (p) "Relative" means a person related by blood, marriage or adoption
40 but, when referring to a relative of a child's parent, does not include the
41 child's other parent.
42 (q) "Court-appointed special advocate" means a responsible adult
43 other than an attorney guardian ad litem who is appointed by the court
1 to represent the best interests of a child, as provided in K.S.A. 38-1505a
2 and amendments thereto, in a proceeding pursuant to this code.
3 (r) "Multidisciplinary child protection team" means a group of per-
4 sons, appointed by the court
or upon recommendation by the state de-
5 partment of social and rehabilitation services under K.S.A. 38-1523a and
6 amendments thereto,
which has knowledge of the circumstances of a
child in need of care for the purpose of advising or assisting the depart-
8 ment of social and rehabilitation services and law enforcement agencies
9 in the investigation, assessment or safety planning for a child who is the
10 subject of a report as a child in need of care by reason of physical, mental
11 or emotional abuse or neglect or sexual abuse.
12 (s) "Jail" means:
13 (1) An adult jail or lockup; or
14 (2) a facility in the same building or on the same grounds as an adult
15 jail or lockup, unless the facility meets all applicable standards and licen-
16 sure requirements under law and there is (A) total separation of the ju-
17 venile and adult facility spatial areas such that there could be no haphaz-
18 ard or accidental contact between juvenile and adult residents in the
19 respective facilities; (B) total separation in all juvenile and adult program
20 activities within the facilities, including recreation, education, counseling,
21 health care, dining, sleeping, and general living activities; and (C) separate
22 juvenile and adult staff, including management, security staff and direct
23 care staff such as recreational, educational and counseling.
24 (t) "Kinship care" means the placement of a child in the home of the
25 child's relative or in the home of another adult with whom the child or
26 the child's parent already has a close emotional attachment.
27 (u) "Juvenile intake and assessment worker" means a responsible
28 adult authorized to perform intake and assessment services as part of the
29 intake and assessment system established pursuant to K.S.A. 75-7023, and
30 amendments thereto.
31 (v) "Abandon" means to forsake, desert or cease providing care for
32 the child without making appropriate provisions for substitute care.
33 (w) "Permanent guardianship" means a judicially created relationship
34 between child and caretaker which is intended to be permanent and self-
35 sustaining without ongoing state oversight or intervention. The perma-
36 nent guardian stands in loco parentis and exercises all the rights and
37 responsibilities of a parent. Upon appointment of a permanent guardian,
child in need of care proceedings shall be dismissed court shall enter
39 an order discharging the child from the jurisdiction of the court. A per-
40 manent guardian may be appointed after termination of parental rights.
41 (x) "Aggravated circumstances" means the abandonment, torture,
42 chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
43 (y) "Permanency hearing" means a notice and opportunity to be
1 heard is provided to interested parties, foster parents, preadoptive parents
2 or relatives providing care for the child. The court, after consideration of
3 the evidence, shall determine whether progress toward the case plan goal
4 is adequate or reintegration is a viable alternative, or if the case should
5 be referred to the county or district attorney for filing of a petition to
6 terminate parental rights or to appoint a permanent guardian.
7 (z) "Extended out of home placement" means a child has been in the
8 custody of the secretary and placed with neither parent for 15 of the most
9 recent 22 months beginning 60 days after the date at which a child in the
10 custody of the secretary was removed from the home.
11 (aa) "Educational institution" means all schools at the elementary and
12 secondary levels.
13 (bb) "Educator" means any administrator, teacher or other profes-
14 sional or paraprofessional employee of an educational institution who has
15 exposure to a pupil specified in subsection (a) of K.S.A. 1999 Supp. 72-
16 89b03 and amendments thereto.
17 Sec. 3. K.S.A. 1999 Supp. 38-1507 is hereby amended to read as
18 follows: 38-1507. (a) Except as otherwise provided, in order to protect
19 the privacy of children who are the subject of a child in need of care
20 record or report, all records and reports concerning children in need of
21 care, including the juvenile intake and assessment report, received by the
22 department of social and rehabilitation services, a law enforcement
23 agency or any juvenile intake and assessment worker shall be kept con-
24 fidential except: (1) To those persons or entities with a need for infor-
25 mation that is directly related to achieving the purposes of this code, or
26 (2) upon an order of a court of competent jurisdiction pursuant to a
27 determination by the court that disclosure of the reports and records is
28 in the best interests of the child or are necessary for the proceedings
29 before the court, or both, and are otherwise admissible in evidence. Such
30 access shall be limited to in camera inspection unless the court otherwise
31 issues an order specifying the terms of disclosure.
32 (b) The provisions of subsection (a) shall not prevent disclosure of
33 information to an educational institution or to individual educators about
34 a pupil specified in subsection (a) of K.S.A. 1999 Supp. 72-89b03 and
35 amendments thereto.
36 (c) When a report is received by the department of social and reha-
37 bilitation services, a law enforcement agency or any juvenile intake and
38 assessment worker which indicates a child may be in need of care, the
39 following persons and entities shall have a free exchange of information
40 between and among them:
41 (1) The department of social and rehabilitation services;
42 (2) the commissioner of juvenile justice;
43 (3) the law enforcement agency receiving such report;
1 (4) members of a court appointed multidisciplinary child protection
3 (5) an entity mandated by federal law or an agency of any state au-
4 thorized to receive and investigate reports of a child known or suspected
5 to be in need of care;
6 (6) a military enclave or Indian tribal organization authorized to re-
7 ceive and investigate reports of a child known or suspected to be in need
8 of care;
9 (7) a county or district attorney;
10 (8) a court services officer who has taken a child into custody pursuant
11 to K.S.A. 38-1527, and amendments thereto;
12 (9) a guardian ad litem appointed for a child alleged to be in need of
14 (10) an intake and assessment worker;
15 (11) any community corrections program which has the child under
16 court ordered supervision; and
17 (12) the department of health and environment or person authorized
18 by the department of health and environment pursuant to K.S.A. 59-512,
19 and amendments thereto, for the purpose of carrying out responsibilities
20 relating to licensure or registration of child care providers as required by
21 chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
23 (d) The following persons or entities are authorized to provide and
24 shall have access to information, records or reports created, received
the department of social and rehabilitation services, a law enforcement
agency or any juvenile intake and assessment worker. Access shall be
limited to information or maintained among them but only to the extent
28 reasonably necessary to carry out their lawful responsibilities to maintain
29 their personal safety and the personal safety of individuals in their care
30 or to diagnose, treat, care for or protect a child alleged to be in need of
32 (1) A child named in the report or records.
33 (2) A parent or other person responsible for the welfare of a child,
34 or such person's legal representative.
35 (3) A court-appointed special advocate for a child, a citizen review
36 board or other advocate which reports to the court.
37 (4) A person licensed to practice the healing arts or mental health
38 profession in order to diagnose, care for, treat or supervise: (A) A child
39 whom such service provider reasonably suspects may be in need of care;
40 (B) a member of the child's family; or (C) a person who allegedly abused
41 or neglected the child.
42 (5) A person or entity licensed or registered by the secretary of health
43 and environment or approved by the secretary of social and rehabilitation
1 services to care for, treat or supervise a child in need of care. In order to
2 assist a child placed for care by the secretary of social and rehabilitation
3 services in a foster home or child care facility, the secretary shall provide
4 relevant information to the foster parents or child care facility prior to
5 placement and as such information becomes available to the secretary.
6 (6) A coroner or medical examiner when such person is determining
7 the cause of death of a child.
8 (7) The state child death review board established under K.S.A. 22a-
9 243, and amendments thereto.
10 (8) A prospective adoptive parent prior to placing a child in their care.
The department of health and environment or person authorized
by the department of health and environment pursuant to K.S.A. 59-512,
and amendments thereto, for the purpose of carrying out responsibilities
relating to licensure or registration of child care providers as required by
chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
(10) The state protection and advocacy agency as provided by sub-
18 section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
19 74-5515, and amendments thereto.
(11) (10) Any educational institution to the extent necessary to enable
21 the educational institution to provide the safest possible environment for
22 its pupils and employees.
(12) (11) Any educator to the extent necessary to enable the educator
24 to protect the personal safety of the educator and the educator's pupils.
25 (12) The secretary of social and rehabilitation services.
26 (13) A law enforcement agency.
27 (14) A juvenile intake and assessment worker.
28 (e) Information from a record or report of a child in need of care
29 shall be available to members of the standing house or senate committee
30 on judiciary, house committee on appropriations, senate committee on
31 ways and means, legislative post audit committee and joint committee on
32 children and families, carrying out such member's or committee's official
33 functions in accordance with K.S.A. 75-4319 and amendments thereto,
34 in a closed or executive meeting. Except in limited conditions established
35 by 2/3 of the members of such committee, records and reports received
36 by the committee shall not be further disclosed. Unauthorized disclosure
37 may subject such member to discipline or censure from the house of
38 representatives or senate.
39 (f) Nothing in this section shall be interpreted to prohibit the secre-
40 tary of social and rehabilitation services from summarizing the outcome
41 of department actions regarding a child alleged to be a child in need of
42 care to a person having made such report.
43 (g) Disclosure of information from reports or records of a child in
1 need of care to the public shall be limited to confirmation of factual details
2 with respect to how the case was handled that do not violate the privacy
3 of the child, if living, or the child's siblings, parents or guardians. Further,
4 confidential information may be released to the public only with the ex-
5 press written permission of the individuals involved or their representa-
6 tives or upon order of the court having jurisdiction upon a finding by the
7 court that public disclosure of information in the records or reports is
8 necessary for the resolution of an issue before the court.
9 (h) Nothing in this section shall be interpreted to prohibit a court of
10 competent jurisdiction from making an order disclosing the findings or
11 information pursuant to a report of alleged or suspected child abuse or
12 neglect which has resulted in a child fatality or near fatality if the court
13 determines such disclosure is necessary to a legitimate state purpose. In
14 making such order, the court shall give due consideration to the privacy
15 of the child, if, living, or the child's siblings, parents or guardians.
16 (i) Information authorized to be disclosed in subsections (d) through
17 (g) shall not contain information which identifies a reporter of a child in
18 need of care.
19 (j) Records or reports authorized to be disclosed in this section shall
20 not be further disclosed, except that the provisions of this subsection shall
21 not prevent disclosure of information to an educational institution or to
22 individual educators about a pupil specified in subsection (a) of K.S.A.
23 1999 Supp. 72-89b03 and amendments thereto.
24 (k) Anyone who participates in providing or receiving information
25 without malice under the provisions of this section shall have immunity
26 from any civil liability that might otherwise be incurred or imposed. Any
27 such participant shall have the same immunity with respect to participa-
28 tion in any judicial proceedings resulting from providing or receiving
30 (l) No individual, association, partnership, corporation or other entity
31 shall willfully or knowingly disclose, permit or encourage disclosure of
32 the contents of records or reports concerning a child in need of care
33 received by the department of social and rehabilitation services, a law
34 enforcement agency or a juvenile intake and assessment worker except
35 as provided by this code. Violation of this subsection is a class B
37 Sec. 4. K.S.A. 1999 Supp. 38-1507b is hereby amended to read as
38 follows: 38-1507b. Any person licensed or registered by the behavioral
39 sciences regulatory board sharing information under the provisions of this
40 code shall not be subject to review under any rules or regulations adopted
41 by the behavioral sciences regulatory board. Anyone who participates in
42 providing or receiving, without malice, information under the provisions
43 of this section shall have immunity from any civil liability that might
1 otherwise be incurred or imposed. Any such participant shall have the
2 same immunity with respect to participation in any judicial proceedings
3 resulting from providing or receiving information.
4 Sec. 5. K.S.A. 1999 Supp. 38-1513 is hereby amended to read as
5 follows: 38-1513. (a) Physical or mental care and treatment. (1) When a
6 child less than 18 years of age is alleged to have been abused, neglected
7 or sexually abused, no consent shall be required to medically examine the
8 child to determine whether
there has been sexual abuse the child has
9 been maltreated.
10 (2) When the health or condition of a child who is a ward of the court
11 requires it, the court may consent to the performing and furnishing of
12 hospital, medical, surgical or dental treatment or procedures, including
13 the release and inspection of medical or dental records. A child, or parent
14 of any child, who is opposed to certain medical procedures authorized by
15 this subsection may request an opportunity for a hearing thereon before
16 the court. Subsequent to the hearing, the court may limit the performance
17 of matters provided for in this subsection or may authorize the perform-
18 ance of those matters subject to terms and conditions the court considers
20 (3) Prior to
adjudication disposition the person having custody of the
21 child may give consent to the following:
22 (A) Dental treatment for the child by a licensed dentist;
23 (B) diagnostic examinations of the child, including but not limited to
24 the withdrawal of blood or other body fluids, x-rays and other laboratory
26 (C) releases and inspections of the child's medical history records;
27 (D) immunizations for the child;
28 (E) administration of lawfully prescribed drugs to the child; and
29 (F) examinations of the child including, but not limited to, the with-
30 drawal of blood or other body fluids or tissues, for the purpose of deter-
31 mining the child's parentage.
32 (4) When the court has granted legal custody of a child in a disposi-
33 tional hearing to any agency, association or individual, the custodian or
34 an agent designated by the custodian shall have authority to consent to
35 the performance and furnishing of hospital, medical, surgical or dental
36 treatment or procedures or mental care or treatment other than inpatient
37 treatment at a state psychiatric hospital, including the release and in-
38 spection of medical or hospital records, subject to terms and conditions
39 the court considers proper.
40 (5) If a child is
already in the custody of the secretary, the secretary
41 may consent to the mental care and treatment of the child, without court
42 approval, so long as such care and treatment do not include inpatient
43 treatment at a state psychiatric hospital.
1 (6) Any health care provider who in good faith renders hospital, med-
2 ical, surgical, mental or dental care or treatment to any child after a con-
3 sent has been obtained as authorized by this section shall not be liable in
4 any civil or criminal action for failure to obtain consent of a parent.
5 (7) Nothing in this section shall be construed to mean that any person
6 shall be relieved of legal responsibility to provide care and support for a
8 (b) Mental care and treatment requiring court action. If it is brought
9 to the court's attention, while the court is exercising jurisdiction over the
10 person of a child under this code, that the child may be a mentally ill
11 person as defined in K.S.A. 1999 Supp. 59-2946 and amendments thereto,
12 the court may:
13 (1) Direct or authorize the county or district attorney or the person
14 supplying the information to file the petition provided for in K.S.A. 1999
15 Supp. 59-2957 and amendments thereto and proceed to hear and deter-
16 mine the issues raised by the application as provided in the care and
17 treatment act for mentally ill persons; or
18 (2) authorize that the child seek voluntary admission to a treatment
19 facility as provided in K.S.A. 1999 Supp. 59-2949 and amendments
21 The application to determine whether the child is a mentally ill person
22 may be filed in the same proceedings as the petition alleging the child to
23 be a child in need of care, or may be brought in separate proceedings. In
24 either event the court may enter an order staying any further proceedings
25 under this code until all proceedings have been concluded under the care
26 and treatment act for mentally ill persons.
27 Sec. 6. K.S.A. 38-1523a is hereby amended to read as follows: 38-
28 1523a. (a) Upon recommendation of the state department of social and
29 rehabilitation services or the county or district attorney, the court may
30 appoint a multidisciplinary child protection team to advise or assist
gathering information the department of social and rehabilitation services
32 and law enforcement agencies in the investigation, assessment or safety
33 planning regarding a child alleged to be a child in need of care by reason
34 of physical, mental or emotional abuse or neglect or sexual abuse. The
35 team may be a standing multidisciplinary child protection team or may
36 be appointed for a specific child. Members comprising a multidisciplinary
37 child protection team shall include the department of social and rehabil-
38 itation services and appropriate law enforcement agencies and may in-
39 clude other persons having specialized knowledge concerning the inves-
40 tigation, assessment or safety planning concerning maltreated children.
41 (b) Any person appointed as a member of a multidisciplinary child
42 protection team may decline to serve and shall incur no civil liability as
43 the result of declining to serve.
1 (c) This section shall be part of and supplemental to the Kansas code
2 for care of children.
3 (d) The multidisciplinary child protection team may request disclo-
4 sure of information in regard to a child alleged to be a child in need of
5 care, or a child who has been adjudged to be a child in need of care, by
6 making a written verified application to the district court. Upon a finding
7 by the court there is probable cause to believe the information sought
8 may assist in determining if a child is a child in need of care as defined
9 in K.S.A. 38-1502 and amendments thereto, or in assisting a child who
10 has been adjudicated a child in need of care, then the court may issue a
11 subpoena, subpoena duces tecum or enter an order for the production of
12 the requested documents, reports or information and directing the doc-
13 ument, reports or information to be delivered to the applicant at a spec-
14 ified time, date and place. The time and date of delivery shall not be
15 sooner than five days after the service of the subpoena or order, excluding
16 Saturdays, Sundays or holidays. The court issuing the subpoena or order
17 shall keep all applications filed pursuant to this subsection and a copy of
18 the subpoena or order in a special file maintained for such purpose or in
19 the official court file for the child. Upon receiving service of a subpoena,
20 subpoena duces tecum or an order for production pursuant to this sub-
21 section, the party served shall give oral or written notice of service to any
22 person known to have a right to assert a privilege or assert a right of
23 confidentiality in regard to the documents, reports or information sought
24 at least three days before the specified date of delivery.
25 (e) The written verified application shall be in substantially the fol-
26 lowing form:
27 Name of Court
28 In the Interest of ________ Case No.
30 Date of birth:________
31 Each a child under 18 years of age.
32 WRITTEN APPLICATION FOR DISCLOSURE OF INFORMATION
33 County of________
35 State of Kansas
36 The undersigned applicant being first duly sworn alleges and states as follows:
37 1. The applicant is____________.
38 2. There is an investigation being made into the report of alleged neglect or abuse in
39 regard to the above-named child or children.
40 A petition has been filed alleging the above-named child is a child in need of
41 care or the child has been adjudicated to be a child in need of care.
42 3. The following documents, reports and/or information are requested. (List specifi-
1 4. The reasons for the request are:
2 Further applicant saith not.
5 Subscribed and sworn to before me
6 this ______ day of ________,
8 Notary Public
9 My commission expires:
11 (f) Any parent, child, guardian ad litem, party subpoenaed or subject
12 to an order of production or person who claims a privilege or right of
13 confidentiality may request in writing that the court issuing the subpoena
14 or order for production withdraw the subpoena, subpoena duces tecum
15 or order for production issued pursuant to subsection (d). The request
16 shall automatically stay the operation of the subpoena, subpoena duces
17 tecum or order for production and the documents, reports or information
18 requested shall not be delivered until the issuing court has held a hearing
19 to determine if the documents, reports or information are subject to the
20 claimed privilege or right of confidentiality, and whether it is in the best
21 interests of the child for the subpoena or order to produce to be honored.
22 The request to withdraw shall be filed with the district court issuing the
23 subpoena or order at least 24 hours prior to the specified time and date
24 of delivery, excluding Saturdays, Sundays or holidays, and a copy of the
25 written request must be given to the person subpoenaed or subject to
26 the order for production at least 24 hours prior to the specified time and
27 date of delivery.
28 Sec. 7. K.S.A. 1999 Supp. 38-1544 is hereby amended to read as
29 follows: 38-1544. (a) At any time after filing a petition, but prior to an
30 adjudication, the court may enter an order for continuance and informal
31 supervision without an adjudication if no interested party objects. Upon
32 granting the continuance, the court shall include in the order any con-
33 ditions with which the interested parties are expected to comply and
34 provide the parties with a copy of the order. The conditions may include
35 appropriate dispositional alternatives authorized by K.S.A. 38-1563 and
36 amendments thereto.
37 (b) An order for informal supervision may remain in force for a period
38 of up to six months and may be extended, upon hearing, for an additional
39 six-month period for a total of one year.
40 (c) The court after notice and hearing may revoke or modify the order
41 with respect to a party upon a showing that the party, being subject to
42 the order for informal supervision, has substantially failed to comply with
43 the terms of the order, or that modification would be in the best interests
1 of the child. Upon revocation, proceedings shall resume pursuant to this
3 (d) Parties to the order for informal supervision who successfully
4 complete the terms and period of supervision shall not again be pro-
5 ceeded against in any court based solely upon the allegations in the orig-
6 inal petition and the proceedings shall be dismissed.
7 (e) If the court issues an order for informal supervision pursuant to
8 this section, the court may enter an order restraining any alleged perpe-
9 trator of physical, sexual, mental or emotional abuse of the child from
10 residing in the child's home; visiting, contacting, harassing or intimidating
11 the child; or attempting to visit, contact, harass or intimidate the child.
12 Sec. 8. K.S.A. 1999 Supp. 38-1562 is hereby amended to read as
13 follows: 38-1562. (a) At any time after a child has been adjudicated to be
14 a child in need of care and prior to disposition, the judge shall permit any
15 interested parties, and any persons required to be notified pursuant to
16 subsection (b), to be heard as to proposals for appropriate disposition of
17 the case.
18 (b) Before entering an order placing the child in the custody of a
19 person other than the child's parent, the court shall require notice of the
20 time and place of the hearing to be given to all the child's grandparents
21 at their last known addresses or, if no grandparent is living or if no living
22 grandparent's address is known, to the closest relative of each of the
23 child's parents whose address is known, and to the foster parent, prea-
24 doptive parent or relative providing care. Such notice shall be given by
25 restricted mail not less than 10 business days before the hearing and shall
26 state that the person receiving the notice shall have an opportunity to be
27 heard at the hearing. The provisions of this subsection shall not require
28 additional notice to any person otherwise receiving notice of the hearing
29 pursuant to K.S.A. 38-1536 and amendments thereto. Individuals receiv-
30 ing notice pursuant to this subsection shall not be made a party to the
31 action solely on the basis of this notice and opportunity to be heard.
32 (c) Prior to entering an order of disposition, the court shall give con-
33 sideration to the child's physical, mental and emotional condition; the
34 child's need for assistance; the manner in which the parent participated
35 in the abuse, neglect or abandonment of the child; any relevant infor-
36 mation from the intake and assessment process; and the evidence re-
37 ceived at the dispositional hearing. In determining when reunification is
38 a viable alternative, the court shall specifically consider whether the par-
39 ent has been found by a court to have: (1) Committed murder in the first
40 degree, K.S.A. 21-3401 and amendments thereto, murder in the second
41 degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A.
42 21-3439 and amendments thereto, voluntary manslaughter, K.S.A. 21-
43 3403 and amendments thereto or violated a law of another state which
1 prohibits such murder or manslaughter of a child; (2) aided or abetted,
2 attempted, conspired or solicited to commit such murder or voluntary
3 manslaughter of a child as provided in subsection (c)(1); (3) committed a
4 felony battery that resulted in bodily injury to the child or another child;
5 (4) subjected the child or another child to aggravated circumstances as
6 defined in subsection (x) of K.S.A. 38-1502 and amendments thereto; (5)
7 parental rights of the parent to another child have been terminated in-
8 voluntarily; or (6) the child has been in extended out of home placement
9 as defined in subsection (z) of K.S.A. 38-1502 and amendments thereto.
10 If reintegration is not a viable alternative, the court shall consider whether
11 a compelling reason has been documented in the case plan to find neither
12 adoption nor permanent guardianship are in the best interests of the
13 child, the child is in a stable placement with a relative, or services set out
14 in the case plan necessary for the safe return of the child have been made
15 available to the parent with whom reintegration is planned. If reintegra-
16 tion is not a viable alternative and either adoption or permanent guardi-
17 anship might be in the best interests of the child, the county or district
18 attorney or the county or district attorney's designee shall file a motion
19 to terminate parental rights or a motion to establish permanent guardi-
20 anship within 30 days and the court shall set a hearing on such motion
21 within 90 days of the filing of such motion. No such hearing is required
22 when the parents voluntarily relinquish parental rights or agree to ap-
23 pointment of a permanent guardian.
24 Sec. 9. K.S.A. 1999 Supp. 38-1563 is hereby amended to read as
25 follows: 38-1563. (a) After consideration of any evidence offered relating
26 to disposition, the court may retain jurisdiction and place the child in the
27 custody of the child's parent subject to terms and conditions which the
28 court prescribes to assure the proper care and protection of the child,
29 including supervision of the child and the parent by a court services of-
30 ficer, or may order the child and the parent to participate in programs
31 operated by the secretary or another appropriate individual or agency.
32 The terms and conditions may require any special treatment or care which
33 the child needs for the child's physical, mental or emotional health.
34 (b) The duration of any period of supervision or other terms or con-
35 ditions shall be for an initial period of no more than 18 months. The
36 court, at the expiration of that period, upon a hearing and for good cause
37 shown, may make successive extensions of the supervision or other terms
38 or conditions for up to 12 months at a time.
39 (c) The court may order the child and the parents of any child who
40 has been adjudged a child in need of care to attend counseling sessions
41 as the court directs. The expense of the counseling may be assessed as
42 an expense in the case. No mental health center shall charge a greater
43 fee for court-ordered counseling than the center would have charged to
1 the person receiving counseling if the person had requested counseling
2 on the person's own initiative.
3 (d) If the court finds that placing the child in the custody of a parent
4 will not assure protection from physical, mental or emotional abuse or
5 neglect or sexual abuse or will not be in the best interests of the child,
6 the court shall enter an order awarding custody of the child, until the
7 further order of the court, to one of the following:
8 (1) A relative of the child or a person with whom the child has close
9 emotional ties;
10 (2) any other suitable person;
11 (3) a shelter facility; or
12 (4) the secretary.
13 In making such a custody order, the court shall give preference, to the
14 extent that the court finds it is in the best interests of the child, first to
15 granting custody to a relative of the child and second to granting custody
16 of the child to a person with whom the child has close emotional ties. If
17 the court has awarded legal custody based on the finding specified by this
18 subsection, the legal custodian shall not return the child to the home of
19 that parent without the written consent of the court.
20 (e) When the custody of the child is awarded to the secretary:
21 (1) The court may recommend to the secretary where the child
22 should be placed.
23 (2) The secretary shall notify the court in writing of any placement
24 of the child or, within 10 days of the order awarding the custody of the
25 child to the secretary, any proposed placement of the child, whichever
26 occurs first.
27 (3) The court may determine if such placement is in the best interests
28 of the child, and if the court determines that such placement is not in the
29 best interests of the child, the court shall notify the secretary who shall
30 then make an alternative placement subject to the procedures established
31 in this paragraph. In determining if such placement is in the best interests
32 of the child, the court, after providing the parties with an opportunity to
33 be heard, shall consider the health and safety needs of the child and the
34 resources available to meet the needs of children in the custody of the
36 (f) If custody of a child is awarded under this section to a person
37 other than the child's parent, the court may grant any individual reason-
38 able rights to visit the child upon motion of the individual and a finding
39 that the visitation rights would be in the best interests of the child.
40 (g) If the court issues an order of custody pursuant to this section,
41 the court may enter an order restraining any alleged perpetrator of phys-
42 ical, sexual, mental or emotional abuse of the child from residing in the
43 child's home; visiting, contacting, harassing or intimidating the child; or
1 attempting to visit, contact, harass or intimidate the child.
2 (h) The court shall not enter an order removing a child from the
3 custody of a parent pursuant to this section unless the court first finds
4 from evidence presented by the petitioner that reasonable efforts have
5 been made to prevent or eliminate the need for removal of the child
6 reasonable efforts are not necessary because reintegration is not a viable
7 alternative; or that an emergency exists which threatens the safety of the
8 child and requires the immediate removal of the child. Reintegration may
9 not be a viable alternative when the: (1) Parent has been found by a court
10 to have committed murder in the first degree, K.S.A. 21-3401 and amend-
11 ments thereto, murder in the second degree, K.S.A. 21-3402 and amend-
12 ments thereto, capital murder, K.S.A. 21-3439 and amendments thereto,
13 voluntary manslaughter, K.S.A. 21-3403 and amendments thereto or vi-
14 olated a law of another state which prohibits such murder or manslaughter
15 of a child; (2) parent aided or abetted, attempted, conspired or solicited
16 to commit such murder or voluntary manslaughter of a child as provided
17 in subsection (h)(1); (3) parent committed a felony battery that resulted
18 in bodily injury to the child or another child; (4) parent has subjected the
19 child or another child to aggravated circumstances as defined in subsec-
20 tion (x) of K.S.A. 38-1502, and amendments thereto; (5) parental rights
21 of the parent to another child have been terminated involuntarily or (6)
22 the child has been in extended out of home placement as defined in
23 subsection (z) of K.S.A. 38-1502 and amendments thereto. Such findings
24 shall be included in any order entered by the court.
25 (i) In addition to or in lieu of any other order authorized by this
26 section, if a child is adjudged to be a child in need of care by reason of a
27 violation of the uniform controlled substances act (K.S.A. 65-4101 et seq.
28 and amendments thereto) or K.S.A. 41-719, 41-804, 41-2719, 65-4152,
29 65-4153, 65-4154 or 65-4155, and amendments thereto, the court shall
30 order the child to submit to and complete an alcohol and drug evaluation
31 by a community-based alcohol and drug safety action program certified
32 pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee not
33 to exceed the fee established by that statute for such evaluation. If the
34 court finds that the child and those legally liable for the child's support
35 are indigent, the fee may be waived. In no event shall the fee be assessed
36 against the secretary or the department of social and rehabilitation serv-
38 (j) In addition to any other order authorized by this section, if child
39 support has been requested and the parent or parents have a duty to
40 support the child, the court may order one or both parents to pay child
41 support and, when custody is awarded to the secretary, the court shall
42 order one or both parents to pay child support. The court shall determine,
43 for each parent separately, whether the parent is already subject to an
1 order to pay support for the child. If the parent is not presently ordered
2 to pay support for any child who is a ward of the court and the court has
3 personal jurisdiction over the parent, the court shall order the parent to
4 pay child support in an amount determined under K.S.A. 38-1595 and
5 amendments thereto. Except for good cause shown, the court shall issue
6 an immediate income withholding order pursuant to K.S.A. 23-4,105 et
7 seq. and amendments thereto for each parent ordered to pay support
8 under this subsection, regardless of whether a payor has been identified
9 for the parent. A parent ordered to pay child support under this subsec-
10 tion shall be notified, at the hearing or otherwise, that the child support
11 order may be registered pursuant to K.S.A. 38-1597 and amendments
12 thereto. The parent shall also be informed that, after registration, the
13 income withholding order may be served on the parent's employer with-
14 out further notice to the parent and the child support order may be en-
15 forced by any method allowed by law. Failure to provide this notice shall
16 not affect the validity of the child support order.
17 Sec. 10. K.S.A. 1999 Supp. 38-1565 is hereby amended to read as
18 follows: 38-1565. (a) If a child is placed outside the child's home and no
19 plan is made a part of the record of the dispositional hearing, a written
20 plan shall be prepared which provides for reintegration of the child into
21 the child's family or, if reintegration is not a viable alternative, for other
22 placement of the child. Reintegration may not be a viable alternative
23 when the: (1) Parent has been found by a court to have committed murder
24 in the first degree, K.S.A. 21-3401 and amendments thereto, murder in
25 the second degree, K.S.A. 21-3402 and amendments thereto, capital mur-
26 der, K.S.A. 21-3439 and amendments thereto, voluntary manslaughter,
27 K.S.A. 21-3403 and amendments thereto or violated a law of another state
28 which prohibits such murder or manslaughter of a child; (2) parent aided
29 or abetted, attempted, conspired or solicited to commit such murder or
30 voluntary manslaughter of a child as provided in subsection (a)(1); (3)
31 parent committed a felony battery that resulted in bodily injury to the
32 child or another child; (4) parent has subjected the child or another child
33 to aggravated circumstances as defined in subsection (x) of K.S.A. 38-
34 1502, and amendments thereto; (5) parental rights of the parent to an-
35 other child have been terminated involuntarily; or (6) the child has been
36 in extended out of home placement as defined in subsection (z) of K.S.A.
37 38-1502 and amendments thereto. If the goal is reintegration into the
38 family, the plan shall include measurable objectives and time schedules
39 for reintegration. The plan shall be submitted to the court not later than
40 30 days after the dispositional order is entered. If the child is placed in
41 the custody of the secretary, the plan shall be prepared and submitted by
42 the secretary. If the child is placed in the custody of a facility or person
43 other than the secretary, the plan shall be prepared and submitted by a
1 court services officer.
2 (b) A court services officer or, if the child is in the secretary's custody,
3 the secretary shall submit to the court, at least every six months, a written
4 report of the progress being made toward the goals of the plan submitted
5 pursuant to subsection (a). If the child is placed in foster care, the foster
6 parent or parents shall submit to the court, at least every six months, a
7 report in regard to the child's adjustment, progress and condition. The
8 department of social and rehabilitation services shall notify the foster
9 parent or parents of the foster parent's or parent's duty to submit such
10 report, on a form provided by the department of social and rehabilitation
11 services, at least two weeks prior to the date when the report is due, and
12 the name of the judge and the address of the court to which the report
13 is to be submitted. Such report shall be confidential and shall only be
14 reviewed by the court and the child's guardian ad litem. The court shall
15 review the progress being made toward the goals of the plan and the
16 foster parent report and, if the court determines that progress is inade-
17 quate or that the plan is no longer viable, the court shall hold a hearing
18 pursuant to subsection (c). If the secretary has custody of the child, such
19 hearing shall be held no more than 12 months after the child is placed
20 outside the child's home and at least every 12 months thereafter. For
21 children in the custody of the secretary prior to July 1, 1998, within 30
22 days of receiving a request from the secretary, a permanency hearing shall
23 be held. If the goal of the plan submitted pursuant to subsection (a) is
24 reintegration into the family and the court determines after 12 months
25 from the time such plan is first submitted that progress is inadequate, the
26 court shall hold a hearing pursuant to subsection (c). Nothing in this
27 subsection shall be interpreted to prohibit termination of parental rights
28 prior to the expiration of 12 months.
29 (c) Whenever a hearing is required under subsection (b), the court
30 shall notify all interested parties and the foster parents, preadoptive par-
31 ents or relatives providing care for the child and hold a hearing. Individ-
32 uals receiving notice pursuant to this subsection shall not be made a party
33 to the action solely on the basis of this notice and opportunity to be heard.
34 After providing the interested parties, foster parents, preadoptive parents
35 or relatives providing care for the child an opportunity to be heard, the
36 court shall determine whether the child's needs are being adequately met
37 and whether reintegration continues to be a viable alternative. If the court
38 finds reintegration is no longer a viable alternative, the court shall con-
39 sider whether the child is in a stable placement with a relative, services
40 set out in the case plan necessary for the safe return of the child have
41 been made available to the parent with whom reintegration is planned or
42 compelling reasons are documented in the case plan to support a finding
43 that neither adoption nor permanent guardianship are in the child's best
1 interest. If reintegration is not a viable alternative and either adoption or
2 permanent guardianship might be in the best interests of the child, the
3 county or district attorney or the county or district attorney's designee
4 shall file a motion to terminate parental rights or
for a motion to establish
5 a permanent guardianship within 30 days and the court shall set a hearing
6 on such motion within 90 days of the filing of such motion. When the
7 court finds reintegration continues to be a viable alternative, the court
8 shall set a date for the child to be returned home; may rescind any of its
9 prior dispositional orders and enter any dispositional order authorized by
10 this code or may order that a new plan for the reintegration on the date
11 set be prepared and submitted to the court. No such hearing is required
12 when the parents voluntarily relinquish parental rights or agree to ap-
13 pointment of a permanent guardian.
14 Sec. 11. K.S.A. 1999 Supp. 38-1581 is hereby amended to read as
15 follows: 38-1581. (a) Either in the petition filed under this code or in a
16 motion made in proceedings under this code, any interested party may
17 request that either or both parents be found unfit and the parental rights
18 of either or both parents be terminated or a permanent guardianship be
20 (b) Whenever a pleading is filed requesting termination of parental
21 rights, the pleading shall contain a statement of specific facts which are
22 relied upon to support the request, including dates, times and locations
23 to the extent known.
24 (c) The county or district attorney or the county or district attorney's
25 designee shall file pleadings alleging a parent is unfit and requesting ter-
26 mination of parental rights or the establishment of a permanent guardi-
27 anship within 30 days after the court has determined reintegration is not
28 a viable alternative
and unless the court has not found a compelling reason
29 why adoption or permanent guardianship may not be in the best interest
30 of the child. The court shall set a hearing on such pleadings and matters
31 within 90 days of the filing of such pleadings.
32 Sec. 12. K.S.A. 1999 Supp. 38-1582 is hereby amended to read as
33 follows: 38-1582. (a) Upon receiving a petition or motion requesting ter-
34 mination of parental rights or permanent guardianship the court shall set
35 the time and place for the hearing on the request.
36 (b) (1) The court shall give notice of the hearing: (A) As provided in
37 K.S.A. 38-1533 and 38-1534 and amendments thereto; (B) to all the
38 child's grandparents at their last known addresses or, if no grandparent
39 is living or if no living grandparent's address is known, to the closest
40 relative of each of the child's parents whose address is known; and (C) to
41 the foster parents, preadoptive parents or relatives providing care; which
42 notice shall be given by restricted mail not less than 10 business days
43 before the hearing. Individuals receiving notice pursuant to this subsec-
1 tion shall not be made a party to the action solely on the basis of this
2 notice and opportunity to be heard.
3 (2) The provisions of subsection (b)(1)(B) shall not require additional
4 notice to any person otherwise receiving notice of the hearing pursuant
5 to K.S.A. 38-1536 and amendments thereto.
6 (3) Prior to the commencement of the hearing the court shall de-
7 termine that due diligence has been used in determining the identity of
8 the interested parties and in accomplishing service of process.
In any case in which a parent of a child cannot be located by the
exercise of due diligence, service shall be made upon the child's nearest
blood relative who can be located and upon the person with whom the
child resides. Service by publication shall be ordered upon the parent.
(d) Prior to a hearing on a petition or a motion requesting termination
14 of parental rights, the court shall appoint an attorney to represent any
15 parent who fails to appear and may award a reasonable fee to the attorney
16 for services. The fee may be assessed as an expense in the proceedings.
17 Sec. 13. K.S.A. 1999 Supp. 38-1591 is hereby amended to read as
18 follows: 38-1591. (a) An appeal may be taken by any interested party from
19 any adjudication, disposition, termination of parental rights or order of
20 temporary custody in any proceedings pursuant to this code.
21 (b) An appeal from an order entered by a district magistrate judge
22 shall be to a district judge. The appeal shall be heard within 30 days from
23 the date the notice of appeal is filed. If no record was made of the pro-
24 ceedings, the trial shall be de novo.
25 (c) Procedure on appeal shall be governed by article 21 of chapter
26 60 of the Kansas Statutes Annotated.
27 (d) Notwithstanding any other provision of law to the contrary, ap-
28 peals under this section shall have priority over all other cases.
29 (e) Every notice of appeal, docketing statement and brief shall be ver-
30 ified by the interested party. Failure to have the required verification shall
31 result in the dismissal of the appeal.
32 Sec. 14. K.S.A. 75-3329 is hereby amended to read as follows: 75-
33 3329. As used in this act:
34 (a) "Board" means the secretary of social and rehabilitation services.
35 (b) "State institution" means institution as defined in K.S.A. 76-
37 (c) "Child" or "children" means a person or persons under the age
eighteen (18) 18.
39 (d) "Private children's home" means any licensed home, institution
40 or charitable organization which is operated by a corporation organized
not for profit under the laws of this state which the secretary finds has
42 and maintains adequate facilities and is properly staffed to provide ade-
43 quate care, custody, education, training and treatment for any child which
1 the secretary may place therein under the authority of this act, or a li-
2 censed foster care home, boarding home, personal care home or nursing
4 Sec. 15. K.S.A. 1999 Supp. 38-1608 is hereby amended to read as
5 follows: 38-1608. (a) All records of law enforcement officers and agencies
6 and municipal courts concerning a public offense committed or alleged
7 to have been committed by a juvenile under 14 years of age shall be kept
8 readily distinguishable from criminal and other records and shall not be
9 disclosed to anyone except:
10 (1) The judge and members of the court staff designated by the judge
11 of a court having the juvenile before it in any proceedings;
12 (2) parties to the proceedings and their attorneys;
13 (3) the department of social and rehabilitation services;
14 (4) any individual, or any officer of a public or private agency or in-
15 stitution, having custody of the juvenile under court order or providing
16 educational, medical or mental health services to the juvenile or a court-
17 approved advocate for the juvenile;
18 (5) any educational institution to the extent necessary to enable the
19 educational institution to provide the safest possible environment for its
20 pupils and employees;
21 (6) any educator to the extent necessary to enable the educator to
22 protect the personal safety of the educator and the educator's pupils;
23 (7) law enforcement officers or county or district attorneys or their
24 staff when necessary for the discharge of their official duties;
25 (8) the central repository, as defined by K.S.A. 22-4701 and amend-
26 ments thereto, for use only as a part of the juvenile offender information
27 system established under K.S.A. 38-1618 and amendments thereto;
28 (9) juvenile intake and assessment workers;
29 (10) juvenile justice authority;
30 (11) any other person when authorized by a court order, subject to
31 any conditions imposed by the order; and
32 (12) as provided in subsection (c).
33 (b) The provisions of this section shall not apply to records concern-
35 (1) A violation, by a person 14 or more years of age, of any provision
36 of chapter 8 of the Kansas Statutes Annotated or of any city ordinance or
37 county resolution which relates to the regulation of traffic on the roads,
38 highways or streets or the operation of self-propelled or nonself-propelled
39 vehicles of any kind;
40 (2) a violation, by a person 16 or more years of age, of any provision
41 of chapter 32 of the Kansas Statutes Annotated; or
42 (3) an offense for which the juvenile is prosecuted as an adult.
43 (c) All records of law enforcement officers and agencies and munic-
1 ipal courts concerning a public offense committed or alleged to have been
2 committed by a juvenile 14 or more years of age shall be subject to the
3 same disclosure restrictions as the records of adults. Information identi-
4 fying victims and alleged victims of sex offenses, as defined in K.S.A.
5 chapter 21, article 35, shall not be disclosed or open to public inspection
6 under any circumstances. Nothing in this section shall prohibit the victim
7 or any alleged victim of any sex offense from voluntarily disclosing such
8 victim's identity.
9 (d) Relevant information, reports and records shall be made available
10 to the department of corrections upon request and a showing that the
11 former juvenile has been convicted of a crime and placed in the custody
12 of the secretary of the department of corrections.
13 (e) All records, reports and information obtained as a part of the
14 juvenile intake and assessment process for juvenile offenders shall be
15 confidential and shall not be disclosed except as provided in this section
16 or by rules and regulations established by the commissioner of juvenile
18 (1) Any court of record may order the disclosure of such records,
19 reports and other information to any person or entity.
20 (2) The head of any juvenile intake and assessment program, certified
21 pursuant to the commissioner of juvenile justice, may authorize disclosure
22 of such records, reports and other information to:
23 (A) A person licensed to practice the healing arts who has before that
24 person a child whom the person reasonably suspects may be abused or
26 (B) a court-appointed special advocate for a child, which advocate
27 reports to the court, or an agency having the legal responsibility or au-
28 thorization to care for, treat or supervise a child;
29 (C) a parent or other person responsible for the welfare of a child,
30 or such person's legal representative, with protection for the identity of
31 persons reporting and other appropriate persons;
32 (D) the child or the guardian ad litem for such child;
33 (E) the police or other law enforcement agency;
34 (F) an agency charged with the responsibility of preventing or treat-
35 ing physical, mental or emotional abuse or neglect or sexual abuse of
36 children, if the agency requesting the information has standards of con-
37 fidentiality as strict or stricter than the requirements of the Kansas code
38 for care of children or the Kansas juvenile justice code, whichever is
40 (G) a person who is a member of a multidisciplinary child protection
42 (H) an agency authorized by a properly constituted authority to di-
43 agnose, care for, treat or supervise a child who is the subject of a report
1 or record of child abuse or neglect;
2 (I) any individual, or public or private agency authorized by a properly
3 constituted authority to diagnose, care for, treat or supervise a child who
4 is the subject of a report or record of child abuse or neglect and specif-
5 ically includes the following: Physicians, psychiatrists, nurses, nurse prac-
6 titioners, psychologists, licensed social workers, child development spe-
7 cialists, physicians' assistants, community mental health workers, alcohol
8 and drug abuse counselors and licensed or registered child care providers;
9 (J) a citizen review board;
10 (K) an educational institution if related to a juvenile offender that
11 attends such educational institution; and
12 (L) educators who have exposure to the juvenile offender or who are
13 responsible for pupils who have exposure to the juvenile offender.
14 (3) To any juvenile intake and assessment worker of another certified
15 juvenile intake and assessment program.
16 Sec. 16. K.S.A. 38-1501, 38-1523a and 75-3329 and K.S.A. 1999
17 Supp. 38-1502, 38-1507, 38-1507b, 38-1513, 38-1544, 38-1562, 38-1563,
18 38-1565, 38-1581, 38-1582, 38-1591 and 38-1608 are hereby repealed.
19 Sec. 17. This act shall take effect and be in force from and after its
20 publication in the statute book.