Session of 1999
Substitute for HOUSE BILL No. 2571
By Committee on Appropriations
9 AN ACT enacting the Kansas child welfare reform act; prescribing cer-
10 tain duties and responsibilities for the secretary of social and rehabil-
11 itation services, the department of social and rehabilitation services,
12 courts, law enforcement agencies, guardians ad litem, county or district
13 attorneys, physical or mental health providers and educators; providing
14 for certain studies and reports; amending K.S.A. 38-1523a and K.S.A
15 1998 Supp. 38-1502, 38-1507 and 38-1507b and repealing the existing
16 sections; also repealing K.S.A. 1998 Supp. 38-1502c.
18 Be it enacted by the Legislature of the State of Kansas:
19 New Section 1. This act shall be known and may be cited as the
20 Kansas child welfare reform act.
21 New Sec. 2. As used in sections 1 through 10 of this act, unless the
22 context requires otherwise, "child welfare system" means the system of
23 services to be provided in accordance with the Kansas child welfare re-
24 form act and other Kansas statutes and rules and regulations and policies
25 adopted thereunder by the department of social and rehabilitation serv-
26 ices, the juvenile justice authority, the department of health and environ-
27 ment, child service providers, courts, law enforcement agencies, guardi-
28 ans ad litem, county or district attorneys, physical and mental health
29 providers and educators.
30 New Sec. 3. The purposes and goals of the child welfare system in
31 Kansas are to achieve, for each child who is alleged or adjudicated to be
32 a child in need of care, permanency in a safe and stable environment with
33 quality programs, consistent with the provisions of K.S.A. 38-1501 and
34 amendments thereto.
35 New Sec. 4. From the time that a child is placed in the custody of
36 the secretary, the secretary is responsible to achieve permanency for the
37 child in a safe and stable environment. The secretary may provide by
38 contract for services to be provided for children placed in the custody of
39 the secretary, but the responsibility remains with the secretary to comply
40 with all provisions of state or federal statutes and rules and regulations.
41 The secretary shall have the power and authority to adopt such rules and
42 regulations as may be necessary to administer the responsibilities of the
43 secretary under the provisions of this act.
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1 New Sec. 5. All entities providing services under the child welfare
2 system, and all community agencies working with children or their fam-
3 ilies shall adopt a collaborative model for the provision of care and services
4 and shall work to achieve the goal of supporting child safety, prevention
5 of abuse and neglect, and family preservation services to reduce the risks
6 that children will be removed from their homes. Services which might
7 prevent the need for out-of-home placement, including but not limited
8 to family preservation services, shall be used whenever possible by the
9 entities providing services under the child welfare system in lieu of out-
10 of-home placement.
11 New Sec. 6. For children placed in the custody of the secretary of
12 social and rehabilitation services, the secretary shall:
13 (a) Provide complete and accurate information about each child as
14 authorized by K.S.A 38-1507 and amendments thereto and to the extent
15 the information is available or known, throughout the period of contin-
16 uing custody of the child by the secretary;
17 (b) ensure that all children removed from their homes and placed in
18 the custody of the secretary are placed in the least-restrictive, most home-
19 like setting consistent with each child's needs and shall make every effort
20 to ensure that each child placed in the custody of the secretary is not
21 subjected to unnecessary moves;
22 (c) ensure that personnel responsible for the child's service case plan
23 have and maintain knowledge of and information about the current place-
24 ment of each child in the custody of the secretary;
25 (d) ensure that all necessary and appropriate parties, including, but
26 not limited to, (1) the parents, unless parental rights have been termi-
27 nated, (2) the child, if the child is of an age and condition to participate,
28 (3) the person or persons with whom the child is placed, (4) the guardian
29 ad litem of the child, (5) school personnel, (6) the social worker who is
30 employed by the department of social and rehabilitation services and who
31 is assigned to the child, (7) representatives of service providers, including
32 contract, mental health and placement service providers, and (8) one per-
33 son who is not directly involved in services delivery such as an advocate
34 for the special needs of the child, are invited and encouraged to be in
35 attendance at each service case planning conference, which shall be held
36 not less frequently than one during each six-month period and which shall
37 include the reviewing and updating of the service case plan for each child
38 to achieve safety and permanence;
39 (e) through the service case planning conference described in sub-
40 section (d), use a collaborative service model for the provision of care and
41 services to each child in the custody of the secretary to (1) plan appro-
42 priate services for children and their families, (2) ascertain whether chil-
43 dren and their families are receiving services in accordance with the serv-
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1 ice case plans, and, (3) if services are not being provided in accordance
2 with service case plan, review and document the reasons that such serv-
3 ices are not being provided;
4 (f) within the limits of appropriations therefor, assess the placement
5 needs of foster children on a periodic basis and determine the availability
6 of placement opportunities and facilities to achieve a sufficient number
7 of needed placement providers throughout the state;
8 (g) within the limits of appropriations therefor, assess the service
9 needs of children and their families on a periodic basis and assess the
10 availability of needed services to determine actions required to make
11 needed services available on a statewide basis;
12 (h) assess the service needs for each child and ensure the service
13 needs identified as the department's responsibility are part of the child's
14 service case plan and are provided to the child;
15 (i) within the limits of appropriations therefor, assess the extent to
16 which communities, judicial districts, school districts, service providers
17 and the department of social and rehabilitation services are succeeding
18 in ensuring that each child is (1) achieving safety and permanency and
19 (2) making functional improvement in such areas as educational achieve-
20 ment, lack of involvement in the juvenile justice system, ability to remain
21 in the community and achievement of developmental milestones;
22 (j) develop, to the extent the information is available to the secretary,
23 a portfolio for each child in the custody of the secretary which contains
24 a comprehensive health, social, educational and developmental record of
25 the child which may include, but is not limited to, the following:
26 (1) Complete health history, including immunization and dental
28 (2) history of mental health treatment;
29 (3) early periodic, screening, diagnostic and treatment report;
30 (4) results of psychological and educational testing;
31 (5) development scales results;
32 (6) educational placement and achievement level;
33 (7) availability of health insurance or other health care coverage or
35 (8) involvement with law enforcement;
36 (9) records of substance abuse;
37 (10) employment information for each of the parents of the child; and
38 (11) income resources available to provide support for the child;
39 (k) within the limits of appropriations therefor, maintain a central-
40 ized record system that includes (1) statewide tracking of the placement
41 of children in the custody of the secretary, (2) the services identified in
42 the service case plan described in subsections (d) and (e) and received
43 by the child and the child's family, (3) the record of the child's functional
Sub for HB 2571 4
1 indicators, which includes educational achievement, involvement with the
2 juvenile justice system, the ability to remain in the community and
3 achievement of developmental milestones, (4) data provided for reim-
4 bursement purposes for services provided to children, and (5) a system
5 that will call prompt attention to supervising personnel of the department
6 of social and rehabilitation services when a contractor is not providing
7 services for a child or is not supplying data for a child receiving services;
8 (l) within the limits of appropriations therefor, develop and imple-
9 ment, in conjunction with other public agencies, a comprehensive system
10 for the investigation and prosecution of individuals, including but not
11 limited to, state employees, employees of service providers, parents, at-
12 torneys and witnesses who falsify any records or testimony regarding any
13 child or the care or other services provided for any child or the child's
15 (m) develop and incorporate into all service provider contracts re-
16 garding children in out-of-home placement performance-based outcomes
17 related to safety and permanence for such children;
18 (n) assess the achievement of children's, families' and contractors'
19 outcomes in the aggregate, on a periodic basis, and make available the
20 results of those outcomes assessments to appropriate legislative commit-
21 tees, the governor, the judiciary, members of the press, families and the
22 residents of Kansas;
23 (o) include in the contract bid process for out-of-home care (1) the
24 required contractor accreditation and licensing, as appropriate, (2) rea-
25 sonable and anticipated costs, (3) the number and types of children pro-
26 jected to be in the child welfare system, (4) the number and types of
27 placements that such children will need, (5) the number and types of
28 services such children will need, (6) the expected and acceptable case-
29 loads of the social workers employed by contractors, and (7) other rea-
30 sonably anticipated costs and other factors that must be considered and
31 provided for to achieve safety and permanency for children;
32 (p) incorporate into contracts with service providers for out-of-home
33 care financial incentives and disincentives that are outcome and perform-
34 ance based and that are designed to attain safety and permanence;
35 (q) prepare and publish in the Kansas register a report of an evalu-
36 ation of each contractor's adherence to the contractual requirements and
37 to all applicable state or federal laws, rules and regulations and depart-
38 mental policies and procedures and the performance the contractor
39 achieved under the contract with the department of social and rehabili-
40 tation services;
41 (r) within the limits of appropriations therefor, identify and provide
42 appropriate training to officers, employees and contractors of the de-
43 partment of social and rehabilitation services to ensure that the depart-
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1 ment of social and rehabilitation services is operated in a manner that is
2 consistent with applicable state and federal laws, rules and regulations
3 and departmental policies and procedures;
4 (s) communicate and work with the families, foster parents, service
5 providers, including contract, mental health and placement providers, so-
6 cial workers, judges, school personnel, law enforcement officers, county
7 or district attorneys, guardians ad litem, officers and employees of the
8 juvenile justice authority and other stakeholders in the child welfare sys-
9 tem as needed to identify (1) the strengths and weaknesses in the child
10 welfare system, (2) barriers to achieving safety and permanence, (3) po-
11 tential solutions for addressing any weaknesses or barriers identified, and
12 (4) other appropriate matters to provide safety and permanence for each
13 child in the custody of the secretary;
14 (t) within the limits of appropriations therefor, take appropriate ac-
15 tions to address and remedy identified weaknesses and to remove iden-
16 tified barriers to achieving safety and permanence, including proposing
17 legislation to address such weaknesses and barriers and related issues that
18 need legislative action; and
19 (u) maintain a timely, itemized and accurate accounting of the total
20 costs, including, but not limited to, mental health services and placement
21 services, in accordance with subsections (f) and (m) of K.S.A. 39-708c
22 and amendments thereto.
23 New Sec. 7. (a) For the purposes of developing a portfolio as de-
24 scribed in subsection (j) of section 6 and amendments thereto for a child
25 in the custody of the secretary of social and rehabilitation services, the
26 secretary of social and rehabilitation services may request information
27 from each agency or individual service provider that has possession of any
28 information about the child in the custody of the secretary that may be
29 placed in such portfolio in accordance with section 6 and amendments
30 thereto and such agency or individual service provider shall furnish such
31 information to the department of social of rehabilitation services, at no
32 cost to the department, within seven days after receipt by such agency or
33 individual service provider of a written request for such information sub-
34 mitted by the secretary of social and rehabilitation services.
35 (b) Failure to provide information in accordance with this section
36 about a child in the custody of the secretary of social and rehabilitation
37 services which has been requested by the secretary of social and rehabil-
38 itation services is a class B misdemeanor.
39 New Sec. 8. Each entity providing services under the child welfare
40 system is responsible to ensure that the officers and employees of such
41 entity and the personnel of each contractor and subcontractor of such
42 entity providing such services receive appropriate training necessary to
43 accomplish the purposes and goals of this act and to facilitate collabora-
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1 tion with other entities providing services under the child welfare system.
2 The secretary of social and rehabilitation services shall develop and pro-
3 vide information to entities providing services under the child welfare
4 system about the training necessary to accomplish the purposes and goals
5 of this act and to facilitate collaboration with other entities providing
6 services under the child welfare system. Subject to the limits of appro-
7 priations therefor, the secretary of social and rehabilitation services shall
8 convene an annual symposium on training and collaboration for repre-
9 sentative entities providing services under the child welfare system.
10 New Sec. 9. Subject to the provisions of appropriation acts, the ju-
11 dicial administrator shall develop and implement a program for annual
12 grants to provide for legal services in foster care cases on a statewide
13 basis. Each annual foster care legal services grant shall be awarded to a
14 qualified applicant to provide legal services for foster care cases, includ-
15 ing, but not be limited to, the provision of guardians ad litem, legal rep-
16 resentation for parents and assistance for county and district attorneys in
17 appropriate foster care cases. Each such grant shall have a matching re-
18 quirement prescribing that the grant recipient shall match state moneys
19 provided under the grant with nonstate moneys. The matching require-
20 ment for the grant shall be prescribed by appropriation act. In addition,
21 each grant agreement for a foster care legal services grant shall provide
22 for regular reporting to the judicial administrator of the legal services
23 provided under such grant. The provision of legal services under a foster
24 care legal services grant under this section and the activities of the grant
25 recipient under such grant shall be subject to audit under the legislative
26 post audit act.
27 New Sec. 10. During the period from the effective date of this act
28 until the first day of the regular session of the legislature commencing in
29 2003, the joint committee on children's issues shall monitor, review and
30 make recommendations relating to child welfare programs and services
31 of the department of social and rehabilitation services, specifically in-
32 cluding, but not limited to, family preservation, foster care and adoption
33 programs and shall prepare an annual report of findings and recommen-
34 dations which shall be provided to the legislative coordinating council and
35 to the legislature on or before the first day of the regular session of the
36 legislature in 2000, 2001, 2002 and 2003 and may prepare such additional
37 reports during such period as may be deemed appropriate by the joint
38 committee on children's issues to the committee on appropriations of the
39 house of representatives and the committee on ways and means of the
41 Sec. 11. K.S.A. 1998 Supp. 38-1502 is hereby amended to read as
42 follows: 38-1502. As used in this code, unless the context otherwise
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1 (a) "Child in need of care" means a person less than 18 years of age
3 (1) Is without adequate parental care, control or subsistence and the
4 condition is not due solely to the lack of financial means of the child's
5 parents or other custodian;
6 (2) is without the care or control necessary for the child's physical,
7 mental or emotional health;
8 (3) has been physically, mentally or emotionally abused or neglected
9 or sexually abused;
10 (4) has been placed for care or adoption in violation of law;
11 (5) has been abandoned or does not have a known living parent;
12 (6) is not attending school as required by K.S.A. 72-977 or 72-1111,
13 and amendments thereto;
14 (7) except in the case of a violation of K.S.A. 41-727, subsection (j)
15 of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
16 ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
17 4204a and amendments thereto, does an act which, when committed by
18 a person under 18 years of age, is prohibited by state law, city ordinance
19 or county resolution but which is not prohibited when done by an adult;
20 (8) while less than 10 years of age, commits any act which if done
21 by an adult would constitute the commission of a felony or misdemeanor
22 as defined by K.S.A. 21-3105 and amendments thereto;
23 (9) is willfully and voluntarily absent from the child's home without
24 the consent of the child's parent or other custodian;
25 (10) is willfully and voluntarily absent at least a second time from a
26 court ordered or designated placement, or a placement pursuant to court
27 order, if the absence is without the consent of the person with whom the
28 child is placed or, if the child is placed in a facility, without the consent
29 of the person in charge of such facility or such person's designee;
30 (11) has been residing in the same residence with a sibling or another
31 person under 18 years of age, who has been physically, mentally or emo-
32 tionally abused or neglected, or sexually abused; or
33 (12) while less than 10 years of age commits the offense defined in
34 K.S.A. 21-4204a and amendments thereto.
35 (b) "Physical, mental or emotional abuse or neglect" means the in-
36 fliction of physical, mental or emotional injury or the causing of a dete-
37 rioration of a child and may include, but shall not be limited to, failing to
38 maintain reasonable care and treatment, negligent treatment or maltreat-
39 ment or exploiting a child to the extent that the child's health or emotional
40 well-being is endangered. A parent legitimately practicing religious beliefs
41 who does not provide specified medical treatment for a child because of
42 religious beliefs shall not for that reason be considered a negligent parent;
43 however, this exception shall not preclude a court from entering an order
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1 pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.
2 (c) "Sexual abuse" means any act committed with a child which is
3 described in article 35, chapter 21 of the Kansas Statutes Annotated and
4 those acts described in K.S.A. 21-3602 or 21-3603, and amendments
5 thereto, regardless of the age of the child.
6 (d) "Parent," when used in relation to a child or children, includes
7 a guardian, conservator and every person who is by law liable to maintain,
8 care for or support the child.
9 (e) "Interested party" means the state, the petitioner, the child, any
10 parent and any person found to be an interested party pursuant to K.S.A.
11 38-1541 and amendments thereto.
12 (f) "Law enforcement officer" means any person who by virtue of
13 office or public employment is vested by law with a duty to maintain
14 public order or to make arrests for crimes, whether that duty extends to
15 all crimes or is limited to specific crimes.
16 (g) "Youth residential facility" means any home, foster home or
17 structure which provides 24-hour-a-day care for children and which is
18 licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
20 (h) "Shelter facility" means any public or private facility or home
21 other than a juvenile detention facility that may be used in accordance
22 with this code for the purpose of providing either temporary placement
23 for the care of children in need of care prior to the issuance of a dispos-
24 itional order or longer term care under a dispositional order.
25 (i) "Juvenile detention facility" means any secure public or private
26 facility used for the lawful custody of accused or adjudicated juvenile
27 offenders which must not be a jail.
28 (j) "Adult correction facility" means any public or private facility,
29 secure or nonsecure, which is used for the lawful custody of accused or
30 convicted adult criminal offenders.
31 (k) "Secure facility" means a facility which is operated or structured
32 so as to ensure that all entrances and exits from the facility are under the
33 exclusive control of the staff of the facility, whether or not the person
34 being detained has freedom of movement within the perimeters of the
35 facility, or which relies on locked rooms and buildings, fences or physical
36 restraint in order to control behavior of its residents. No secure facility
37 shall be in a city or county jail.
38 (l) "Ward of the court" means a child over whom the court has
39 acquired jurisdiction by the filing of a petition pursuant to this code and
40 who continues subject to that jurisdiction until the petition is dismissed
41 or the child is discharged as provided in K.S.A. 38-1503 and amendments
43 (m) "Custody," whether temporary, protective or legal, means the
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1 status created by court order or statute which vests in a custodian,
2 whether an individual or an agency, the right to physical possession of
3 the child and the right to determine placement of the child, subject to
4 restrictions placed by the court.
5 (n) "Placement" means the designation by the individual or agency
6 having custody of where and with whom the child will live.
7 (o) "Secretary" means the secretary of social and rehabilitation
9 (p) "Relative" means a person related by blood, marriage or adoption
10 but, when referring to a relative of a child's parent, does not include the
11 child's other parent.
12 (q) "Court-appointed special advocate" means a responsible adult
13 other than an attorney guardian ad litem who is appointed by the court
14 to represent the best interests of a child, as provided in K.S.A. 38-1505a
15 and amendments thereto, in a proceeding pursuant to this code.
16 (r) "Multidisciplinary team" means a
group of persons collaborative
17 team, appointed by the court
or by the state department of social and
rehabilitation services under K.S.A. 38-1523a and amendments thereto,
which has knowledge of the circumstances of a child in need of care for
20 the purpose of advising or assisting the department of social and reha-
21 bilitation services and law enforcement agencies in the investigation, as-
22 sessment or safety planning for a child who is the subject of a report as a
23 child in need of care by reason of physical, mental or emotional abuse or
24 neglect or sexual abuse.
25 (s) "Jail" means:
26 (1) An adult jail or lockup; or
27 (2) a facility in the same building or on the same grounds as an adult
28 jail or lockup, unless the facility meets all applicable standards and licen-
29 sure requirements under law and there is (A) total separation of the ju-
30 venile and adult facility spatial areas such that there could be no haphaz-
31 ard or accidental contact between juvenile and adult residents in the
32 respective facilities; (B) total separation in all juvenile and adult program
33 activities within the facilities, including recreation, education, counseling,
34 health care, dining, sleeping, and general living activities; and (C) separate
35 juvenile and adult staff, including management, security staff and direct
36 care staff such as recreational, educational and counseling.
37 (t) "Kinship care" means the placement of a child in the home of
38 the child's relative or in the home of another adult with whom the child
39 or the child's parent already has a close emotional attachment.
40 (u) "Juvenile intake and assessment worker" means a responsible
41 adult authorized to perform intake and assessment services as part of the
42 intake and assessment system established pursuant to K.S.A. 75-7023, and
43 amendments thereto.
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1 (v) "Abandon" means to forsake, desert or cease providing care for
2 the child without making appropriate provisions for substitute care.
3 (w) "Permanent guardianship" means a judicially created relation-
4 ship between child and caretaker which is intended to be permanent and
5 self-sustaining without ongoing state oversight or intervention. The per-
6 manent guardian stands in loco parentis and exercises all the rights and
7 responsibilities of a parent.
8 (x) "Aggravated circumstances" means the abandonment, torture,
9 chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
10 (y) "Permanency hearing" means a notice and opportunity to be
11 heard is provided to interested parties, foster parents, preadoptive parents
12 or relatives providing care for the child. The court, after consideration of
13 the evidence, shall determine whether progress toward the case plan goal
14 is adequate or reintegration is a viable alternative, or if the case should
15 be referred to the county or district attorney for filing of a petition to
16 terminate parental rights or to appoint a permanent guardian.
17 (z) "Extended out of home placement" means a child has been in
18 the custody of the secretary and placed with neither parent for 15 of the
19 most recent 22 months beginning 60 days after the date at which a child
20 in the custody of the secretary was removed from the home.
21 (aa) "Educational institution" means all schools at the elementary
22 and secondary levels.
23 (bb) "Educator" means any administrator, teacher or other profes-
24 sional or paraprofessional employee of an educational institution who has
25 exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A.
26 1998 Supp. 72-89b03 and amendments thereto.
27 Sec. 12. K.S.A. 1998 Supp. 38-1507 is hereby amended to read as
28 follows: 38-1507. (a) Except as otherwise provided, in order to protect
29 the privacy of children who are the subject of a child in need of care
30 record or report, all records and reports concerning children in need of
31 care, including the juvenile intake and assessment report, received by the
32 department of social and rehabilitation services, a law enforcement
33 agency or any juvenile intake and assessment worker shall be kept con-
34 fidential except: (1) To those persons or entities with a need for infor-
35 mation that is directly related to achieving the purposes of this code, or
36 (2) upon an order of a court of competent jurisdiction pursuant to a
37 determination by the court that disclosure of the reports and records is
38 in the best interests of the child or are necessary for the proceedings
39 before the court, or both, and are otherwise admissible in evidence. Such
40 access shall be limited to in camera inspection unless the court otherwise
41 issues an order specifying the terms of disclosure.
42 (b) The provisions of subsection (a) shall not prevent disclosure of
43 information to an educational institution or to individual educators about
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1 a pupil specified in subsection (a) (1) through (5) of K.S.A. 1998 Supp.
2 72-89b03 and amendments thereto.
3 (c) When a report is received by the department of social and re-
4 habilitation services, a law enforcement agency or any juvenile intake and
5 assessment worker which indicates a child may be in need of care, the
6 following persons and entities shall have a free exchange of information
7 between and among them:
8 (1) The department of social and rehabilitation services;
9 (2) the commissioner of juvenile justice;
10 (3) the law enforcement agency receiving such report;
11 (4) members of a court appointed multidisciplinary team;
12 (5) an entity mandated by federal law or an agency of any state
13 authorized to receive and investigate reports of a child known or sus-
14 pected to be in need of care;
15 (6) a military enclave or Indian tribal organization authorized to re-
16 ceive and investigate reports of a child known or suspected to be in need
17 of care;
18 (7) a county or district attorney;
19 (8) a court services officer who has taken a child into custody pur-
20 suant to K.S.A. 38-1527, and amendments thereto;
21 (9) a guardian ad litem appointed for a child alleged to be in need
22 of care;
23 (10) an intake and assessment worker;
24 (11) any community corrections program which has the child under
25 court ordered supervision; and
26 (12) the department of health and environment or person authorized
27 by the department of health and environment pursuant to K.S.A. 59-512,
28 and amendments thereto, for the purpose of carrying out responsibilities
29 relating to licensure or registration of child care providers as required by
30 article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
32 (d) The following persons or entities are authorized to provide and
33 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 such persons or entities but
37 only to the extent reasonably necessary to carry out their lawful respon-
38 sibilities to maintain their personal safety and the personal safety of in-
39 dividuals in their care or to diagnose, treat, care for or protect a child
40 alleged to be in need of care.
41 (1) A child named in the report or records.
42 (2) A parent or other person responsible for the welfare of a child,
43 or such person's legal representative.
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1 (3) A court-appointed special advocate for a child, a citizen review
2 board or other advocate which reports to the court.
3 (4) A person licensed or registered to practice the healing arts or
4 mental health profession in order to diagnose, care for, treat or supervise:
5 (A) A child whom such service provider reasonably suspects may be in
6 need of care; (B) a member of the child's family; or (C) a person who
7 allegedly abused or neglected the child.
8 (5) A person or entity licensed or registered by the secretary of health
9 and environment or approved by the secretary of social and rehabilitation
10 services to care for, treat or supervise a child in need of care. In order to
11 assist a child placed for care by the secretary of social and rehabilitation
12 services in a foster home or child care facility, the secretary shall provide
13 relevant information to the foster parents or child care facility prior to
14 placement and as such information becomes available to the secretary.
15 (6) A coroner or medical examiner when such person is determining
16 the cause of death of a child.
17 (7) The state child death review board established under K.S.A. 22a-
18 243, and amendments thereto.
19 (8) A prospective adoptive parent prior to placing a child in their
21 (9) The department of health and environment or person authorized
22 by the department of health and environment pursuant to K.S.A. 59-512,
23 and amendments thereto, for the purpose of carrying out responsibilities
24 relating to licensure or registration of child care providers as required by
25 chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
27 (10) The state protection and advocacy agency as provided by sub-
28 section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
29 74-5515, and amendments thereto.
30 (11) Any educational institution to the extent necessary to enable the
31 educational institution to provide the safest possible environment for its
32 pupils and employees.
33 (12) Any educator to the extent necessary to enable the educator to
34 protect the personal safety of the educator and the educator's pupils.
35 (13) The secretary of social and rehabilitation services.
36 (14) A law enforcement agency.
37 (15) A juvenile intake and assessment worker.
38 (e) Information from a record or report of a child in need of care
39 shall be available to members of the standing house or senate committee
40 on judiciary, house committee on appropriations, senate committee on
41 ways and means, legislative post audit committee and joint committee on
42 children and families, carrying out such member's or committee's official
43 functions in accordance with K.S.A. 75-4319 and amendments thereto,
Sub for HB 2571 13
1 in a closed or executive meeting. Except in limited conditions established
2 by 2/3 of the members of such committee, records and reports received
3 by the committee shall not be further disclosed. Unauthorized disclosure
4 may subject such member to discipline or censure from the house of
5 representatives or senate.
6 (f) Nothing in this section shall be interpreted to prohibit the sec-
7 retary of social and rehabilitation services from summarizing the outcome
8 of department actions regarding a child alleged to be a child in need of
9 care to a person having made such report.
10 (g) Disclosure of information from reports or records of a child in
11 need of care to the public shall be limited to confirmation of factual details
12 with respect to how the case was handled that do not violate the privacy
13 of the child, if living, or the child's siblings, parents or guardians. Further,
14 confidential information may be released to the public only with the ex-
15 press written permission of the individuals involved or their representa-
16 tives or upon order of the court having jurisdiction upon a finding by the
17 court that public disclosure of information in the records or reports is
18 necessary for the resolution of an issue before the court.
19 (h) Nothing in this section shall be interpreted to prohibit a court of
20 competent jurisdiction from making an order disclosing the findings or
21 information pursuant to a report of alleged or suspected child abuse or
22 neglect which has resulted in a child fatality or near fatality if the court
23 determines such disclosure is necessary to a legitimate state purpose. In
24 making such order, the court shall give due consideration to the privacy
25 of the child, if, living, or the child's siblings, parents or guardians.
26 (i) Information authorized to be disclosed in subsections (d) through
27 (g) shall not contain information which identifies a reporter of a child in
28 need of care.
29 (j) Records or reports authorized to be disclosed in this section shall
30 not be further disclosed, except that the provisions of this subsection shall
31 not prevent disclosure of information to an educational institution or to
32 individual educators about a pupil specified in subsection (a)(1) through
33 (5) of K.S.A. 1998 Supp. 72-89b03 and amendments thereto.
34 (k) Anyone who participates in providing or receiving information
35 without malice under the provisions of this section shall have immunity
36 from any civil liability that might otherwise be incurred or imposed. Any
37 such participant shall have the same immunity with respect to participa-
38 tion in any judicial proceedings resulting from providing or receiving
40 (l) No individual, association, partnership, corporation or other entity
41 shall willfully or knowingly disclose, permit or encourage disclosure of
42 the contents of records or reports concerning a child in need of care
43 received by the department of social and rehabilitation services, a law
Sub for HB 2571 14
1 enforcement agency or a juvenile intake and assessment worker except
2 as provided by this code. Violation of this subsection is a class B
4 Sec. 13. K.S.A. 1998 Supp. 38-1507b is hereby amended to read as
5 follows: 38-1507b. Any person licensed or registered by the behavioral
6 sciences regulatory board sharing information under the provisions of this
7 code shall not be subject to review under any rules or regulations adopted
8 by the behavioral sciences regulatory board. Anyone who participates in
9 providing or receiving information without malice under the provisions
10 of this section shall have immunity from any civil liability that might
11 otherwise be incurred or imposed. Any such participant shall have the
12 same immunity with respect to participation in any judicial proceedings
13 resulting from providing or receiving information.
14 Sec. 14. K.S.A. 38-1523a is hereby amended to read as follows: 38-
15 1523a. (a) Whenever possible, the investigation, assessment and safety
16 planning for a child alleged to be a child in need of care by reason of
17 physical, mental or emotional abuse or neglect or sexual abuse shall be
18 conducted by a multidisciplinary team.
19 (b) Upon recommendation of the state department of social and
20 rehabilitation services or the county or district attorney, the court may
21 appoint a multidisciplinary team to advise or assist
in gathering infor-
mation the department of social and rehabilitation services and law en-
23 forcement agencies in the investigation, assessment or safety planning
24 regarding a child alleged to be a child in need of care by reason of physical,
25 mental or emotional abuse or neglect or sexual abuse. The team may be
26 a standing multidisciplinary team or may be appointed for a specific child.
27 Members comprising a multidisciplinary team shall include the depart-
28 ment of social and rehabilitation services and appropriate law enforce-
29 ment agencies and may include other persons having specialized knowl-
30 edge concerning investigation, assessment or safety planning concerning
31 abused or neglected children.
(b) (c) Any person appointed as a member of a multidisciplinary team
33 may decline to serve and shall incur no civil liability as the result of de-
34 clining to serve.
(c) (d) This section shall be part of and supplemental to the Kansas
36 code for care of children.
(d) (e) The multidisciplinary team may request disclosure of infor-
38 mation in regard to a child alleged to be a child in need of care, or a child
39 who has been adjudged to be a child in need of care, by making a written
40 verified application to the district court. Upon a finding by the court there
41 is probable cause to believe the information sought may assist in deter-
42 mining if a child is a child in need of care as defined in K.S.A. 38-1502
43 and amendments thereto, or in assisting a child who has been adjudicated
Sub for HB 2571 15
1 a child in need of care, then the court may issue a subpoena, subpoena
2 duces tecum or enter an order for the production of the requested doc-
3 uments, reports or information and directing the document, reports or
4 information to be delivered to the applicant at a specified time, date and
5 place. The time and date of delivery shall not be sooner than five days
6 after the service of the subpoena or order, excluding Saturdays, Sundays
7 or holidays. The court issuing the subpoena or order shall keep all appli-
8 cations filed pursuant to this subsection and a copy of the subpoena or
9 order in a special file maintained for such purpose or in the official court
10 file for the child. Upon receiving service of a subpoena, subpoena duces
11 tecum or an order for production pursuant to this subsection, the party
12 served shall give oral or written notice of service to any person known to
13 have a right to assert a privilege or assert a right of confidentiality in regard
14 to the documents, reports or information sought at least three days before
15 the specified date of delivery.
(e) (f) The written verified application shall be in substantially the
17 following form:
18 Name of Court
19 In the Interest of ______________________ Case No.
21 Date of birth: ________________________
22 Each a child under 18 years of age.
23 WRITTEN APPLICATION FOR DISCLOSURE OF INFORMATION
24 County of __________________
26 State of Kansas
27 The undersigned applicant being first duly sworn alleges and states as
29 1. The applicant is ____________________.
30 2. There is an investigation being made into the report of alleged
31 neglect or abuse in regard to the above-named child or
33 A petition has been filed alleging the above-named child is a child
34 in need of care or the child has been adjudicated to be a child
35 in need of care.
36 3. The following documents, reports and/or information are re-
37 quested. (List specifically.)
38 4. The reasons for the request are:
39 Further applicant saith not.
Sub for HB 2571 16
1 Subscribed and sworn to before me
2 this ______ day of ________________, 19____.
4 Notary Public
5 My commission expires:
(f) (g) Any parent, child, guardian ad litem, party subpoenaed or sub-
8 ject to an order of production or person who claims a privilege or right
9 of confidentiality may request in writing that the court issuing the sub-
10 poena or order for production withdraw the subpoena, subpoena duces
11 tecum or order for production issued pursuant to subsection (d). The
12 request shall automatically stay the operation of the subpoena, subpoena
13 duces tecum or order for production and the documents, reports or in-
14 formation requested shall not be delivered until the issuing court has held
15 a hearing to determine if the documents, reports or information are sub-
16 ject to the claimed privilege or right of confidentiality, and whether it is
17 in the best interests of the child for the subpoena or order to produce to
18 be honored. The request to withdraw shall be filed with the district court
19 issuing the subpoena or order at least 24 hours prior to the specified time
20 and date of delivery, excluding Saturdays, Sundays or holidays, and a copy
21 of the written request must be given to the person subpoenaed or subject
22 to the order for production at least 24 hours prior to the specified time
23 and date of delivery.
24 Sec. 15. K.S.A. 38-1523a and K.S.A. 1998 Supp. 38-1502, 38-1502c,
25 38-1507 and 38-1507b are hereby repealed.
26 Sec. 16. This act shall take effect and be in force from and after its
27 publication in the Kansas register.