Session of 1998
HOUSE BILL No. 2847
By Committee on Judiciary
2-6
9
AN ACT concerning children and juveniles;
relating to students with his-
10 tory of dangerous
behavior; school safety and security; disclosure of
11 certain information;
unlawful acts and penalties therefor; amending
12 K.S.A. 1997 Supp.
38-1502, 38-1507, 38-1602, 38-1608, 38-1618, 72-
13 89b01, 72-89b02,
72-89b03 and 72-89b04 and repealing the existing
14 sections; also
repealing K.S.A. 1997 Supp. 38-1502b.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section 1. K.S.A.
1997 Supp. 72-89b01 is hereby amended to read
18 as follows: 72-89b01. This act shall be
known and may be cited as the
19 Kansas school safety and security act.
The purpose of this act is to create
20 safer and more secure schools and to
provide a safe and orderly environ-
21 ment conducive to learning. The
provisions of this act shall be liberally
22 construed to effectuate such
purpose.
23 Sec. 2. K.S.A. 1997
Supp. 72-89b02 is hereby amended to read as
24 follows: 72-89b02. As used in this act:
25 (a) ``Board of
education'' means the board of education of a unified
26 school district or the governing authority
of an accredited nonpublic
27 school.
28 (b) ``School'' means a
public school or an accredited nonpublic school.
29 (c) ``Public school''
means a school operated by a unified school dis-
30 trict organized under the laws of this
state.
31 (d) ``Accredited
nonpublic school'' means a nonpublic school partic-
32 ipating in the quality performance
accreditation system.
33 (e) ``Educational
institution'' means all schools at the primary, sec-
34 ondary and post secondary
levels.
35 (f) ``Student with a
history of dangerous behavior'' means any student
36 who:
37 (1) Has been expelled
as provided by subsection (c) of K.S.A. 72-8901
38 and amendments thereto for conduct which
endangers the safety of others;
39 (2) has been expelled
as provided by subsection (d) of K.S.A. 72-8901
40 and amendments thereto;
41 (3) has been expelled
under a policy adopted pursuant to K.S.A. 72-
42 89a02 and amendments thereto;
43 (4) has been adjudged
to be a juvenile offender and whose offense, if
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2
1 committed by an adult, would
constitute a felony under the laws of Kansas
2 or the state where the offense was
committed, except that this subsection
3 shall not apply to an adjudication
as a juvenile offender involving a felony
4 theft offense involving no direct
threat to human life; or
5 (5) has been
tried and convicted as an adult of any felony, except that
6 this subsection shall not apply to
any felony conviction of theft involving
7 no direct threat to human
life.
8
(g) ``Educator'' means any teacher or other professional or
parapro-
9 fessional employee of an
educational institution who has exposure to a
10 student with a history of dangerous
behavior or whose students are ex-
11 posed, either on the grounds of the
educational institution or at an edu-
12 cational-institution-sponsored activity,
to a student with a history of dan-
13 gerous behavior.
14 (h) ``Administrator''
means any individual who serves an educational
15 institution in a supervisory or
managerial capacity.
16 Sec. 3. K.S.A. 1997
Supp. 72-89b03 is hereby amended to read as
17 follows: 72-89b03. (a)
For the purpose of creating safer and more
secure
18 schools and to provide a safe and
orderly environment conducive to learn-
19 ing, each
Administrators who come into possession of information
about
20 a student with a history of dangerous
behavior shall inform educators of
21 the following:
22 (1) The identity and
dangerous propensities of any student who has
23 been expelled as provided by subsection
(c) of K.S.A. 72-8901 and amend-
24 ments thereto for conduct which
endangers the safety of others;
25 (2) the identity and
dangerous propensities of any student who has
26 been expelled as provided by subsection
(d) of K. S. A. 72-8901 and
27 amendments thereto;
28 (3) the identity and
dangerous propensities of any student who has
29 been expelled under a policy adopted
pursuant to K.S.A. 72-89a02 and
30 amendments thereto;
31 (4) the identity and
dangerous propensities of any student who has
32 been adjudged to be a juvenile offender
and whose offense, if committed
33 by an adult, would constitute a felony
under the laws of Kansas or the
34 state where the offense was committed,
except that this subsection shall
35 not apply to an adjudication as a
juvenile offender involving a felony theft
36 offense involving no direct threat to
human life; and
37 (5) the identity and
dangerous propensities of any student who has
38 been tried and convicted as an adult of
any felony, except that this sub-
39 section shall not apply to any felony
conviction of theft involving no direct
40 threat to human life.
41 (b) Each board of
education shall adopt a policy that will
provide for
42 includes:
43 (1) A requirement that
an immediate report be made to the appro-
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3
1 priate state or local law enforcement
agency by or on behalf of any school
2 employee who knows or has reason to
believe that an act has been com-
3 mitted at school, on school property,
or at a school supervised activity and
4 that the act involved conduct which
constitutes the commission of a felony
5 or misdemeanor or which involves the
possession, use or disposal of ex-
6 plosives, firearms or other
weapons ,; and
7 (2) the
procedures for making such a
report ;.
8
(2) compiling and reporting
annually
9 (c) School
employees shall not be subject to the provisions of subsec-
10 tion (b) of K.S.A. 1997 Supp. 72-89b04
if:
11 (1) They follow the
procedures from a policy adopted pursuant to the
12 provisions of subsection (b); or
13 (2) their board of
education fails to adopt such policy.
14 (d) Each board of
education shall annually compile and report to the
15 state board of education at least the
following information relating to
16 school safety and security: The types and
frequency of criminal acts that
17 are required to be reported
under provision (1) pursuant to the
provisions
18 of subsection (b), disaggregated by
occurrences at school, on school prop-
19 erty and at school supervised activities.
The report shall be incorporated
20 into and become part of the current report
required under the quality
21 performance accreditation
system ;.
22
(3) making (e) Each board
of education shall make available to pu-
23 pils and their parents, to school employees
and, upon request, to others,
24 district policies and reports concerning
school safety and security, includ-
25 ing those required by this subsection,
except that the provisions of this
26 subsection shall not apply to the
disclosures required pursuant to subsec-
27 tion (a).
28
(b) (f) Nothing in this
section shall be construed or operate in any
29 manner so as to prevent any school employee
from reporting criminal
30 acts to school officials and to appropriate
state and local law enforcement
31 agencies.
32
(c) (g) The state board of
education shall extract the information re-
33 lating to school safety and security from
the quality performance accred-
34 itation report and transmit the information
to the governor, the legisla-
35 ture, the attorney general, the secretary
of health and environment, and
36 the secretary of social and rehabilitation
services.
37 Sec. 4. K.S.A. 1997
Supp. 72-89b04 is hereby amended to read as
38 follows: 72-89b04. (a)
Willful The following shall be
unlawful: (1) Inten-
39 tional and knowing failure of an
administrator to disclose information
40 about a student with a history of
dangerous behavior, as required under
41 subsection (a) of K.S.A. 1997 Supp.
72-89b03 and amendments thereto;
42 (2) intentionally
preventing or interfering with the making of a report
43 required by subsection (a) of K.S.A.
1997 Supp. 72-89b03 and amend-
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4
1 ments thereto;
2
(3) intentional and knowing failure of a school
employee to make a
3 report required by subsection
(a)(1) (b)(1) of K.S.A. 1997
Supp. 72-89b03,
4 and amendments
thereto , is a class B nonperson
misdemeanor.;
5
(4) intentionally preventing or interfering
with , with the intent to
6 prevent, the making
of a report required by subsection
(a)(1) (b)(1) of
7 K.S.A. 1997 Supp. 72-89b03, and
amendments thereto , is a class B
non-
8 person
misdemeanor.;
9
(b) willful
(5) intentional and knowing failure of any employee
des-
10 ignated by a board of education to transmit
reports made by school em-
11 ployees to the appropriate state or local
law enforcement agency as re-
12 quired by subsection
(a)(1) (b)(1) of K.S.A. 1997
Supp. 72-89b03, and
13 amendments thereto , is
a class B nonperson misdemeanor.;
14 (6) intentionally
preventing or interfering with , with the intent
to
15 prevent, the transmission
of reports required by subsection
(a)(1) (b)(1)
16 of K.S.A. 1997 Supp. 72-89b03, and
amendments thereto , is a class B
17 nonperson
misdemeanor.;
18 (7) intentional and
knowing failure of any employee designated by a
19 board of education to compile and report
information as required by
20 subsection (d) K.S.A. 1997 Supp.
72-89b03 and amendments thereto;
21 (8) intentionally
preventing or interfering with the compilation and
22 reporting required by subsection (d)
K.S.A. 1997 Supp. 72-89b03 and
23 amendments thereto;
24 (9) intentional and
knowing failure of any administrator employed by
25 a board of education to make policies
and reports available, as required
26 by subsection (e) of K.S.A. 1997 Supp.
72-89b03 and amendments thereto;
27 and
28 (10) intentionally
preventing or interfering with access to policies and
29 reports, as required by subsection (e)
of K.S.A. 1997 Supp. 72-89b03 and
30 amendments thereto.
31 (b) A violation of
subsection (a) is a class B nonperson misdemeanor.
32 (c) No board of
education shall terminate the employment of, or pre-
33 vent or impair the profession of, or impose
any other sanction on any
34 school employee because the employee made
an oral or written report
35 to, or cooperated with an investigation by,
a law enforcement agency
36 relating to any criminal act that the
employee knows has been committed
37 or reasonably believes will be committed at
school, on school property,
38 or at a school supervised activity.
39 (d) Any board of
education, and any member or employee thereof,
40 participating without malice in the making
of an oral or written report to
41 a law enforcement agency relating to any
criminal act that is known to
42 have been committed or reasonably is
believed will be committed at
43 school, on school property, or at a school
supervised activity shall have
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5
1 immunity from any civil liability
that might otherwise be incurred or im-
2 posed. Any such participant shall
have the same immunity with respect
3 to participation in any judicial
proceedings resulting from the report.
4 New
Sec. 5. If any provision of this act or the provisions of
K.S.A.
5 72-89b01 et seq. as originally
enacted or the application thereof to any
6 person or circumstances is held
invalid, the invalidity shall not affect other
7 provisions or applications of the act
which can be given effect without
8 the invalid provisions or application
and, to this end, the provisions of this
9 act are severable.
10 Section 6. K.S.A.
1997 Supp. 38-1502 is hereby amended to read as
11 follows: 38-1502. As used in this code,
unless the context otherwise in-
12 dicates:
13 (a) ``Child in need of
care'' means a person less than 18 years of age
14 who:
15 (1) Is without adequate
parental care, control or subsistence and the
16 condition is not due solely to the lack of
financial means of the child's
17 parents or other custodian;
18 (2) is without the care
or control necessary for the child's physical,
19 mental or emotional health;
20 (3) has been physically,
mentally or emotionally abused or neglected
21 or sexually abused;
22 (4) has been placed for
care or adoption in violation of law;
23 (5) has been abandoned
or does not have a known living parent;
24 (6) is not attending
school as required by K.S.A. 72-977 or 72-1111,
25 and amendments thereto;
26 (7) except in the case
of a violation of K.S.A. 41-727, subsection (j)
27 of K.S.A. 74-8810 or subsection (m) or (n)
of K.S.A. 79-3321, and amend-
28 ments thereto, or, except as provided in
subsection (a)(12) of K.S.A. 21-
29 4204a and amendments thereto, does an act
which, when committed by
30 a person under 18 years of age, is
prohibited by state law, city ordinance
31 or county resolution but which is not
prohibited when done by an adult;
32 (8) while less than 10
years of age, commits any act which if done by
33 an adult would constitute the commission of
a felony or misdemeanor as
34 defined by K.S.A. 21-3105 and amendments
thereto;
35 (9) is willfully and
voluntarily absent from the child's home without
36 the consent of the child's parent or other
custodian;
37 (10) is willfully and
voluntarily absent at least a second time from a
38 court ordered or designated placement, or a
placement pursuant to court
39 order, if the absence is without the
consent of the person with whom the
40 child is placed or, if the child is placed
in a facility, without the consent
41 of the person in charge of such facility or
such person's designee;
42 (11) has been residing
in the same residence with a sibling or another
43 person under 18 years of age, who has been
physically, mentally or emo-
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6
1 tionally abused or neglected, or
sexually abused; or
2 (12) while less
than 10 years of age commits the offense defined in
3 K.S.A. 21-4204a and amendments
thereto.
4 (b) ``Physical,
mental or emotional abuse or neglect'' means the in-
5 fliction of physical, mental or
emotional injury or the causing of a dete-
6 rioration of a child and may include,
but shall not be limited to, failing to
7 maintain reasonable care and
treatment, negligent treatment or maltreat-
8 ment or exploiting a child to the
extent that the child's health or emotional
9 well-being is endangered. A parent
legitimately practicing religious beliefs
10 who does not provide specified medical
treatment for a child because of
11 religious beliefs shall not for that reason
be considered a negligent parent;
12 however, this exception shall not preclude
a court from entering an order
13 pursuant to subsection (a)(2) of K.S.A.
38-1513 and amendments thereto.
14 (c) ``Sexual abuse''
means any act committed with a child which is
15 described in article 35, chapter 21 of the
Kansas Statutes Annotated and
16 those acts described in K.S.A. 21-3602 or
21-3603, and amendments
17 thereto, regardless of the age of the
child.
18 (d) ``Parent,'' when
used in relation to a child or children, includes a
19 guardian, conservator and every person who
is by law liable to maintain,
20 care for or support the child.
21 (e) ``Interested party''
means the state, the petitioner, the child, any
22 parent and any person found to be an
interested party pursuant to K.S.A.
23 38-1541 and amendments thereto.
24 (f) ``Law enforcement
officer'' means any person who by virtue of
25 office or public employment is vested by
law with a duty to maintain
26 public order or to make arrests for crimes,
whether that duty extends to
27 all crimes or is limited to specific
crimes.
28 (g) ``Youth residential
facility'' means any home, foster home or struc-
29 ture which provides 24-hour-a-day care for
children and which is licensed
30 pursuant to article 5 of chapter 65 of the
Kansas Statutes Annotated.
31 (h) ``Shelter facility''
means any public or private facility or home
32 other than a juvenile detention facility
that may be used in accordance
33 with this code for the purpose of providing
either temporary placement
34 for the care of children in need of care
prior to the issuance of a dispos-
35 itional order or longer term care under a
dispositional order.
36 (i) ``Juvenile detention
facility'' means any secure public or private
37 facility used for the lawful custody of
accused or adjudicated juvenile
38 offenders which must not be a jail.
39 (j) ``Adult correction
facility'' means any public or private facility, se-
40 cure or nonsecure, which is used for the
lawful custody of accused or
41 convicted adult criminal offenders.
42 (k) ``Secure facility''
means a facility which is operated or structured
43 so as to ensure that all entrances and
exits from the facility are under the
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7
1 exclusive control of the staff of the
facility, whether or not the person
2 being detained has freedom of
movement within the perimeters of the
3 facility, or which relies on locked
rooms and buildings, fences or physical
4 restraint in order to control
behavior of its residents. No secure facility
5 shall be in a city or county
jail.
6 (l) ``Ward of the
court'' means a child over whom the court has ac-
7 quired jurisdiction by the filing of
a petition pursuant to this code and
8 who continues subject to that
jurisdiction until the petition is dismissed
9 or the child is discharged as
provided in K.S.A. 38-1503 and amendments
10 thereto.
11 (m) ``Custody,'' whether
temporary, protective or legal, means the
12 status created by court order or statute
which vests in a custodian,
13 whether an individual or an agency, the
right to physical possession of
14 the child and the right to determine
placement of the child, subject to
15 restrictions placed by the court.
16 (n) ``Placement'' means
the designation by the individual or agency
17 having custody of where and with whom the
child will live.
18 (o) ``Secretary'' means
the secretary of social and rehabilitation serv-
19 ices.
20 (p) ``Relative'' means a
person related by blood, marriage or adoption
21 but, when referring to a relative of a
child's parent, does not include the
22 child's other parent.
23 (q) ``Court-appointed
special advocate'' means a responsible adult
24 other than an attorney guardian ad
litem who is appointed by the court
25 to represent the best interests of a child,
as provided in K.S.A. 38-1505a
26 and amendments thereto, in a proceeding
pursuant to this code.
27 (r) ``Multidisciplinary
team'' means a group of persons, appointed by
28 the court or by the state department of
social and rehabilitation services
29 under K.S.A. 38-1523a and amendments
thereto, which has knowledge
30 of the circumstances of a child in need of
care.
31 (s) ``Jail'' means:
32 (1) An adult jail or
lockup; or
33 (2) a facility in the
same building or on the same grounds as an adult
34 jail or lockup, unless the facility meets
all applicable standards and licen-
35 sure requirements under law and there is
(A) total separation of the ju-
36 venile and adult facility spatial areas
such that there could be no haphaz-
37 ard or accidental contact between juvenile
and adult residents in the
38 respective facilities; (B) total separation
in all juvenile and adult program
39 activities within the facilities, including
recreation, education, counseling,
40 health care, dining, sleeping, and general
living activities; and (C) separate
41 juvenile and adult staff, including
management, security staff and direct
42 care staff such as recreational,
educational and counseling.
43 (t) ``Kinship care''
means the placement of a child in the home of the
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8
1 child's relative or in the home of
another adult with whom the child or
2 the child's parent already has a
close emotional attachment.
3 (u) ``Juvenile
intake and assessment worker'' means a responsible
4 adult authorized to perform intake
and assessment services as a part of
5 the intake and assessment system
established pursuant to K.S.A. 75-7023
6 and amendments thereto.
7
(v) ``Educational institution'' means all schools at the
primary, sec-
8 ondary and postsecondary
levels.
9 (w) ``Student
with a history of dangerous behavior'' means any stu-
10 dent who:
11 (1) Has been expelled
as provided by subsection (c) of K.S.A. 72-8901
12 and amendments thereto for conduct which
endangers the safety of others;
13 (2) has been expelled
as provided by subsection (d) of K.S.A. 72-8901
14 and amendments thereto;
15 (3) has been expelled
under a policy adopted pursuant to K.S.A. 72-
16 89a02 and amendments thereto;
17 (4) has been adjudged
to be a juvenile offender and whose offense, if
18 committed by an adult, would constitute
a felony under the laws of Kansas
19 or the state where the offense was
committed, except that this subsection
20 shall not apply to an adjudication as a
juvenile offender involving a felony
21 offense involving no direct threat to
human life; and
22 (5) has been tried
and convicted as an adult of any felony, except that
23 this subsection shall not apply to any
felony conviction of theft involving
24 no direct threat to human life.
25 (x) ``Educator''
means any teacher or other professional or parapro-
26 fessional employee of an educational
institution who has exposure to a
27 student with a history of dangerous
behavior or whose students are ex-
28 posed, either on the grounds of the
educational institution or at an edu-
29 cational-institution-sponsored activity,
to a student with a history of dan-
30 gerous behavior.
31 Sec. 7. K.S.A. 1997
Supp. 38-1507 is hereby amended to read as
32 follows: 38-1507. (a) Except as
otherwise provided, in order to protect
33 the privacy of children who are the subject
of a child in need of care
34 record or report, all records and reports
concerning children in need of
35 care, including the juvenile intake and
assessment report, received by the
36 department of social and rehabilitation
services, a law enforcement
37 agency or any juvenile intake and
assessment worker shall be kept con-
38 fidential except: (1) To those persons or
entities with a need for infor-
39 mation that is directly related to
achieving the purposes of this code, or
40 (2) upon an order of a court of competent
jurisdiction pursuant to a
41 determination by the court that disclosure
of the reports and records is
42 in the best interests of the child or are
necessary for the proceedings
43 before the court, or both, and are
otherwise admissible in evidence. Such
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9
1 access shall be limited to in camera
inspection unless the court otherwise
2 issues an order specifying the terms
of disclosure.
3 (b) The
provisions of subsection (a) shall not prevent disclosure
of
4 information to an educational
institution or to individual educators about
5 a student with a history of
dangerous behavior.
6 (c) When a
report is received by the department of social and reha-
7 bilitation services, a law
enforcement agency or any juvenile intake and
8 assessment worker which indicates a
child may be in need of care, the
9 following persons and entities shall
have a free exchange of information
10 between and among them:
11 (1) The department of
social and rehabilitation services;
12 (2) the commissioner of
juvenile justice;
13 (3) the law enforcement
agency receiving such report;
14 (4) members of a court
appointed multidisciplinary team;
15 (5) an entity mandated
by federal law or an agency of any state au-
16 thorized to receive and investigate reports
of a child known or suspected
17 to be in need of care;
18 (6) a military enclave
or Indian tribal organization authorized to re-
19 ceive and investigate reports of a child
known or suspected to be in need
20 of care;
21 (7) a county or district
attorney;
22 (8) a court services
officer who has taken a child into custody pursuant
23 to K.S.A. 38-1527, and amendments
thereto;
24 (9) a guardian ad litem
appointed for a child alleged to be in need of
25 care;
26 (10) an intake and
assessment worker; and
27 (11) any community
corrections program which has the child under
28 court ordered supervision.
29
(c) (d) The following
persons or entities shall have access to infor-
30 mation, records or reports received by the
department of social and re-
31 habilitation services, a law enforcement
agency or any juvenile intake and
32 assessment worker. Access shall be limited
to information reasonably nec-
33 essary to carry out their lawful
responsibilities to maintain their personal
34 safety and the personal safety of
individuals in their care or to diagnose,
35 treat, care for or protect a child alleged
to be in need of care.
36 (1) A child named in the
report or records.
37 (2) A parent or other
person responsible for the welfare of a child,
38 or such person's legal representative.
39 (3) A court-appointed
special advocate for a child, a citizen review
40 board or other advocate which reports to
the court.
41 (4) A person licensed to
practice the healing arts or mental health
42 profession in order to diagnose, care for,
treat or supervise: (A) A child
43 whom such service provider reasonably
suspects may be in need of care;
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10
1 (B) a member of the child's family;
or (C) a person who allegedly abused
2 or neglected the child.
3 (5) A person or
entity licensed or registered by the secretary of health
4 and environment or approved by the
secretary of social and rehabilitation
5 services to care for, treat or
supervise a child in need of care. In order to
6 assist a child placed for care by the
secretary of social and rehabilitation
7 services in a foster home or child
care facility, the secretary shall provide
8 relevant information to the foster
parents or child care facility prior to
9 placement and as such information
becomes available to the secretary.
10 (6) A coroner or medical
examiner when such person is determining
11 the cause of death of a child.
12 (7) The state child
death review board established under K.S.A.
13 22a-243, and amendments thereto.
14 (8) A prospective
adoptive parent prior to placing a child in their care.
15 (9) The department of
health and environment or person authorized
16 by the department of health and environment
pursuant to K.S.A. 59-512,
17 and amendments thereto, for the purpose of
carrying out responsibilities
18 relating to licensure or registration of
child care providers as required by
19 chapter 65 of article 5 of the Kansas
Statutes Annotated, and amendments
20 thereto.
21 (10) The state
protection and advocacy agency as provided by sub-
22 section (a)(10) of K.S.A. 65-5603 or
subsection (a)(2)(A) and (B) of K.S.A.
23 74-5515, and amendments thereto.
24 (11) Any educational
institution to the extent allowed pursuant to
law
25 or pursuant to court order
necessary to enable the educational institution
26 to provide the safest possible
environment for its students and employees.
27 (12) Any educator to
the extent necessary to enable the educator to
28 protect the personal safety of the
educator and the educator's students.
29
(d) (e) Information from a
record or report of a child in need of care
30 shall be available to members of the
standing house or senate committee
31 on judiciary, house committee on
appropriations, senate committee on
32 ways and means, legislative post audit
committee and joint committee on
33 children and families, carrying out such
member's or committee's official
34 functions in accordance with K.S.A. 75-4319
and amendments thereto,
35 in a closed or executive meeting. Except in
limited conditions established
36 by 2/3 of the members of such committee,
records and reports received
37 by the committee shall not be further
disclosed. Unauthorized disclosure
38 may subject such member to discipline or
censure from the house of
39 representatives or senate.
40
(e) (f) Nothing in this
section shall be interpreted to prohibit the
41 secretary of social and rehabilitation
services from summarizing the out-
42 come of department actions regarding a
child alleged to be a child in
43 need of care to a person having made such
report.
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11
1
(f) (g) Disclosure of
information from reports or records of a child in
2 need of care to the public shall be
limited to confirmation of factual details
3 with respect to how the case was
handled that do not violate the privacy
4 of the child, if living, or the
child's siblings, parents or guardians. Further,
5 confidential information may be
released to the public only with the ex-
6 press written permission of the
individuals involved or their representa-
7 tives or upon order of the court
having jurisdiction upon a finding by the
8 court that public disclosure of
information in the records or reports is
9 necessary for the resolution of an
issue before the court.
10
(g) (h) Nothing in this
section shall be interpreted to prohibit a court
11 of competent jurisdiction from making an
order disclosing the findings
12 or information pursuant to a report of
alleged or suspected child abuse
13 or neglect which has resulted in a child
fatality or near fatality if the court
14 determines such disclosure is necessary to
a legitimate state purpose. In
15 making such order, the court shall give due
consideration to the privacy
16 of the child, if, living, or the child's
siblings, parents or guardians.
17
(h) (i) Information
authorized to be disclosed in subsections
(c) (d)
18 through (f)
(g) shall not contain information which identifies a
reporter
19 of a child in need of care.
20
(i) (j) Records or reports
authorized to be disclosed in this section
21 shall not be further disclosed, except
that the provisions of this subsection
22 shall not prevent disclosure of
information to an educational institution
23 or to individual educators about a
student with a history of dangerous
24 behavior.
25
(j) (k) Anyone who
participates in providing or receiving information
26 without malice under the provisions of this
section shall have immunity
27 from any civil liability that might
otherwise be incurred or imposed. Any
28 such participant shall have the same
immunity with respect to participa-
29 tion in any judicial proceedings resulting
from providing or receiving in-
30 formation.
31
(k) (l) No individual,
association, partnership, corporation or other
32 entity shall willfully or knowingly
disclose, permit or encourage disclosure
33 of the contents of records or reports
concerning a child in need of care
34 received by the department of social and
rehabilitation services, a law
35 enforcement agency or a juvenile intake and
assessment worker except
36 as provided by this code. Violation of this
subsection is a class B misde-
37 meanor.
38 Sec. 8. K.S.A. 1997
Supp. 38-1602 is hereby amended to read as
39 follows: 38-1602. As used in this code,
unless the context otherwise re-
40 quires:
41 (a) ``Juvenile'' means a
person 10 or more years of age but less than
42 18 years of age.
43 (b) ``Juvenile
offender'' means a person who does an act while a ju-
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12
1 venile which if done by an adult
would constitute the commission of a
2 felony or misdemeanor as defined by
K.S.A. 21-3105 and amendments
3 thereto or who violates the
provisions of K.S.A. 21-4204a or K.S.A. 41-
4 727 or subsection (j) of K.S.A.
74-8810, and amendments thereto, but
5 does not include:
6 (1) A person 14 or
more years of age who commits a traffic offense,
7 as defined in subsection (d) of
K.S.A. 8-2117 and amendments thereto;
8 (2) a person 16
years of age or over who commits an offense defined
9 in chapter 32 of the Kansas Statutes
Annotated;
10 (3) a person whose
prosecution as an adult is authorized pursuant to
11 K.S.A. 38-1636 and amendments thereto and
whose prosecution results
12 in the conviction of an adult crime; or
13 (4) a person who has
been found to be an extended jurisdiction ju-
14 venile pursuant to subsection (a)(2) of
K.S.A. 38-1636, and amendment
15 thereto, and whose stay of adult sentence
execution has been revoked.
16 (c) ``Parent,'' when
used in relation to a juvenile or a juvenile of-
17 fender, includes a guardian, conservator
and every person who is by law
18 liable to maintain, care for or support the
juvenile.
19 (d) ``Law enforcement
officer'' means any person who by virtue of
20 that person's office or public employment
is vested by law with a duty to
21 maintain public order or to make arrests
for crimes, whether that duty
22 extends to all crimes or is limited to
specific crimes.
23 (e) ``Youth residential
facility'' means any home, foster home or struc-
24 ture which provides twenty-four-hour-a-day
care for juveniles and which
25 is licensed pursuant to article 5 of
chapter 65 of the Kansas Statutes
26 Annotated.
27 (f) ``Juvenile detention
facility'' means any secure public or private
28 facility which is used for the lawful
custody of accused or adjudicated
29 juvenile offenders and which must not be a
jail.
30 (g) ``Juvenile
correctional facility'' means a facility operated by the
31 commissioner for juvenile offenders.
32 (h) ``Warrant'' means a
written order by a judge of the court directed
33 to any law enforcement officer commanding
the officer to take into cus-
34 tody the juvenile named or described
therein.
35 (i) ``Commissioner''
means the commissioner of juvenile justice.
36 (j) ``Jail'' means:
37 (1) An adult jail or
lockup; or
38 (2) a facility in the
same building as an adult jail or lockup, unless the
39 facility meets all applicable licensure
requirements under law and there
40 is (A) total separation of the juvenile and
adult facility spatial areas such
41 that there could be no haphazard or
accidental contact between juvenile
42 and adult residents in the respective
facilities; (B) total separation in all
43 juvenile and adult program activities
within the facilities, including rec-
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13
1 reation, education, counseling,
health care, dining, sleeping, and general
2 living activities; and (C) separate
juvenile and adult staff, including man-
3 agement, security staff and direct
care staff such as recreational, educa-
4 tional and counseling.
5
(k) ``Court-appointed special advocate'' means a responsible
adult,
6 other than an attorney appointed
pursuant to K.S.A. 38-1606 and amend-
7 ments thereto, who is appointed by
the court to represent the best inter-
8 ests of a child, as provided in
K.S.A. 1997 Supp. 38-1606a, and amend-
9 ments thereto, in a proceeding
pursuant to this code.
10 (l) ``Juvenile intake
and assessment worker'' means a responsible
11 adult authorized to perform intake and
assessment services as part of the
12 intake and assessment system established
pursuant to K.S.A. 1997 Supp.
13 76-3202, and amendments thereto.
14 (m) ``Institution''
means the following institutions: The Atchison ju-
15 venile correctional facility, the Beloit
juvenile correctional facility, the
16 Larned juvenile correctional facility and
the Topeka juvenile correctional
17 facility.
18 (n) ``Sanction house''
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. Upon an order from
24 the court, a licensed juvenile detention
facility may serve as a sanction
25 house. A sanction house may be physically
connected to a nonsecure
26 shelter facility provided the sanction
house is not a licensed juvenile de-
27 tention facility.
28 (o) ``Sentencing risk
assessment tool'' means an instrument adminis-
29 tered to juvenile offenders which delivers
a score, or group of scores,
30 describing, but not limited to describing,
the juvenile's potential risk to
31 the community.
32 (p) ``Educational
institution'' means all schools at the primary, sec-
33 ondary and postsecondary levels.
34 (q) ``Student with a
history of dangerous behavior'' means any student
35 who:
36 (1) Has been expelled
as provided by subsection (c) of K.S.A. 72-8901
37 and amendments thereto for conduct which
endangers the safety of others;
38 (2) has been expelled
as provided by subsection (d) of K.S.A. 72-8901
39 and amendments thereto;
40 (3) has been expelled
under a policy adopted pursuant to K.S.A. 72-
41 89a02 and amendments thereto;
42 (4) has been adjudged
to be a juvenile offender and whose offense, if
43 committed by an adult, would constitute
a felony under the laws of Kansas
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14
1 or the state where the offense was
committed, except that this subsection
2 shall not apply to an adjudication
as a juvenile offender involving a felony
3 theft offense involving no direct
threat to human life;
4 (5) has been
tried and convicted as an adult of any felony, except that
5 this subsection shall not apply to
any felony theft involving no direct
6 threat to human life.
7
(r) ``Educator'' means any teacher or other professional or
parapro-
8 fessional employee of an
educational institution who has exposure to a
9 student with a history of
dangerous behavior or whose students are ex-
10 posed, either on the grounds of the
educational institution or at an edu-
11 cational-institution-sponsored activity,
to a student with a history of dan-
12 gerous behavior.
13 Sec. 9. K.S.A. 1997
Supp. 38-1608 is hereby amended to read as
14 follows: 38-1608. (a) All records of law
enforcement officers and agencies
15 and municipal courts concerning a public
offense committed or alleged
16 to have been committed by a juvenile under
14 years of age shall be kept
17 readily distinguishable from criminal and
other records and shall not be
18 disclosed to anyone except:
19 (1) The judge and
members of the court staff designated by the judge
20 of a court having the juvenile before it in
any proceedings;
21 (2) parties to the
proceedings and their attorneys;
22 (3) the department of
social and rehabilitation services;
23 (4) any individual, or
any officer of a public or private agency or in-
24 stitution, having custody of the juvenile
under court order or providing
25 educational, medical or mental health
services to the juvenile or a
26 court-approved advocate for the
juvenile;
27 (5) any educational
institution to the extent necessary to enable the
28 educational institution to provide the
safest possible environment for its
29 students and employees;
30 (6) any educator to
the extent necessary to enable the educator to
31 protect the personal safety of the
educator and the educator's students;
32 (7) law
enforcement officers or county or district attorneys or their
33 staff when necessary for the discharge of
their official duties;
34
(6) (8) the central
repository, as defined by K.S.A. 22-4701 and
35 amendments thereto, for use only as a part
of the juvenile offender in-
36 formation system established under K.S.A.
38-1618 and amendments
37 thereto;
38
(7) (9) juvenile intake
and assessment workers;
39
(8) (10) juvenile justice
authority;
40
(9) (11) any other person
when authorized by a court order, subject
41 to any conditions imposed by the order;
and
42
(10) (12) as provided in
subsection (c).
43 (b) The provisions of
this section shall not apply to records concern-
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15
1 ing:
2 (1) A violation,
by a person 14 or more years of age, of any provision
3 of chapter 8 of the Kansas Statutes
Annotated or of any city ordinance or
4 county resolution which relates to
the regulation of traffic on the roads,
5 highways or streets or the operation
of self-propelled or nonself-propelled
6 vehicles of any kind;
7 (2) a violation,
by a person 16 or more years of age, of any provision
8 of chapter 32 of the Kansas Statutes
Annotated; or
9 (3) an offense for
which the juvenile is prosecuted as an adult.
10 (c) All records of law
enforcement officers and agencies and munic-
11 ipal courts concerning a public offense
committed or alleged to have been
12 committed by a juvenile 14 or more years of
age shall be subject to the
13 same disclosure restrictions as the records
of adults. Information identi-
14 fying victims and alleged victims of sex
offenses, as defined in K.S.A.
15 chapter 21, article 35, shall not be
disclosed or open to public inspection
16 under any circumstances. Nothing in this
section shall prohibit the victim
17 or any alleged victim of any sex offense
from voluntarily disclosing such
18 victim's identity.
19 (d) Relevant
information, reports and records shall be made available
20 to the department of corrections upon
request and a showing that the
21 former juvenile has been convicted of a
crime and placed in the custody
22 of the secretary of the department of
corrections.
23 (e) All records, reports
and information obtained as a part of the
24 juvenile intake and assessment process for
juvenile offenders shall be
25 confidential and shall not be disclosed
except as provided in this section
26 or by rules and regulations established by
the commissioner of juvenile
27 justice.
28 (1) Any court of record
may order the disclosure of such records,
29 reports and other information to any person
or entity.
30 (2) The head of any
juvenile intake and assessment program, certified
31 pursuant to the commissioner of juvenile
justice, may authorize disclosure
32 of such records, reports and other
information to:
33 (A) A person licensed to
practice the healing arts who has before that
34 person a child whom the person reasonably
suspects may be abused or
35 neglected;
36 (B) a court-appointed
special advocate for a child, which advocate
37 reports to the court, or an agency having
the legal responsibility or au-
38 thorization to care for, treat or supervise
a child;
39 (C) a parent or other
person responsible for the welfare of a child,
40 or such person's legal representative, with
protection for the identity of
41 persons reporting and other appropriate
persons;
42 (D) the child or the
guardian ad litem for such child;
43 (E) the police or other
law enforcement agency;
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16
1 (F) an agency
charged with the responsibility of preventing or treat-
2 ing physical, mental or emotional
abuse or neglect or sexual abuse of
3 children, if the agency requesting
the information has standards of con-
4 fidentiality as strict or stricter
than the requirements of the Kansas code
5 for care of children or the Kansas
juvenile justice code, whichever is
6 applicable;
7 (G) a person who
is a member of a multidisciplinary team;
8 (H) an agency
authorized by a properly constituted authority to di-
9 agnose, care for, treat or supervise
a child who is the subject of a report
10 or record of child abuse or neglect;
11 (I) any individual, or
public or private agency authorized by a properly
12 constituted authority to diagnose, care
for, treat or supervise a child who
13 is the subject of a report or record of
child abuse or neglect and specif-
14 ically includes the following: Physicians,
psychiatrists, nurses, nurse prac-
15 titioners, psychologists, licensed social
workers, child development spe-
16 cialists, physicians' assistants, community
mental health workers, alcohol
17 and drug abuse counselors and licensed or
registered child care providers;
18 (J) a citizen review
board;
19 (K) an educational
institution if related to a juvenile offender that
is
20 required to attend
attends such educational institution as
part of an im-
21 mediate intervention program,
probation or post-release supervision.; and
22 (L) educators who
have exposure to the juvenile offender or who are
23 responsible for students who have
exposure to the juvenile offender.
24 (3) To any juvenile
intake and assessment worker of another certified
25 juvenile intake and assessment program.
26 Sec. 10. K.S.A.
1997 Supp. 38-1618 is hereby amended to read as
27 follows: 38-1618. (a) In order to properly
advise the three branches of
28 government on the operation of the juvenile
justice system, there is
29 hereby established within and as a part of
the central repository, as de-
30 fined by K.S.A. 22-4701 and amendments
thereto, a juvenile offender
31 information system. The system shall serve
as a repository of juvenile
32 offender information which is collected by
juvenile justice agencies and
33 reported to the system. Unless extended by
an official action of the Kansas
34 criminal justice coordinating council, the
juvenile offender information
35 system shall be operational and functional
on or before July 1, 1997.
36 (b) Except as otherwise
provided by this subsection, every juvenile
37 justice agency shall report juvenile
offender information, whether col-
38 lected manually or by means of an automated
system, to the central re-
39 pository, in accordance with rules and
regulations adopted pursuant to
40 this section. A juvenile justice agency
shall report to the central repository
41 those reportable events involving a
violation of a county resolution or city
42 ordinance only when required by rules and
regulations adopted by the
43 director.
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17
1 (c) Reporting
methods may include:
2 (1) Submission of
juvenile offender information by a juvenile justice
3 agency directly to the central
repository;
4 (2) if the
information can readily be collected and reported through
5 the court system, submission to the
central repository by the office of
6 judicial administrator; or
7 (3) if the
information can readily be collected and reported through
8 juvenile justice agencies that are
part of a geographically based infor-
9 mation system, submission to the
central repository by the agencies.
10 (d) The director may
determine, by rule and regulation, the report-
11 able events to be reported by each juvenile
justice agency, in order to
12 avoid duplication in reporting.
13 (e) Juvenile offender
information maintained in the juvenile offender
14 information system is confidential and
shall not be disseminated or pub-
15 licly disclosed in a manner which enables
identification of any individual
16 who is a subject of the information, except
that the information shall be
17 open to inspection by law enforcement
agencies of this state, by the de-
18 partment of social and rehabilitation
services if related to an individual in
19 the secretary's custody or control, by the
juvenile justice authority if re-
20 lated to an individual in the
commissioner's custody or control, by the
21 department of corrections if related to an
individual in the commissioner's
22 custody or control, by
(tri-stars)e educational institution to the
extent allowed
23 pursuant to law or pursuant to a
court order, if related to an individual
24 that is required to attend such
educational institution as part of an im-
25 mediate intervention program,
probation or post-release supervision ed-
26 ucational institutions to the extent
necessary to enable such institutions
27 to provide the safest possible
environment for students, teachers and other
28 employees, by any educator to the extent
necessary to enable the educator
29 to protect the personal safety of the
educator and the educator's students,
30 by the officers of any public institution
to which the individual is com-
31 mitted, by county and district attorneys,
by attorneys for the parties to a
32 proceeding under this code, the intake and
assessment worker or upon
33 order of a judge of the district court or
an appellate court.
34 (f) Any journal entry of
a trial of a juvenile adjudged to be a juvenile
35 offender shall state the number of the
statute under which the juvenile
36 is adjudicated to be a juvenile offender
and specify whether each offense,
37 if done by an adult, would constitute a
felony or misdemeanor, as defined
38 by K.S.A. 21-3105 and amendments
thereto.
39 (g) Any law enforcement
agency that willfully fails to make any report
40 required by this section shall be liable to
the state for the payment of a
41 civil penalty, recoverable in an action
brought by the attorney general, in
42 an amount not exceeding $500 for each
report not made. Any civil penalty
43 recovered under this subsection shall be
paid into the state general fund.
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18
1 (h) The director
shall adopt any rules and regulations necessary to
2 implement, administer and enforce the
provisions of this section.
3 (i) K.S.A. 38-1617
and amendments thereto and this section shall be
4 part of and supplemental to the
Kansas juvenile justice code.
5 (j) The director
shall develop incentives to encourage the timely entry
6 of juvenile offender information into
the central repository.
7
Sec. 11. K.S.A. 1997 Supp. 38-1502, 38-1502b, 38-1507,
38-1602,
8 38-1608, 38-1618, 72-89b01, 72-89b02,
72-89b03 and 72-89b04 are
9 hereby repealed.
10 Sec. 12. This act
shall take effect and be in force from and after its
11 publication in the statute book.
12
13