Session of 1998
                   
SENATE BILL No. 641
         
By Senator Schraad
         
2-11
            9             AN ACT concerning the Kansas code for care of children; relating to
10             records and reports; amending K.S.A. 1997 Supp. 38-1507 and re-
11             pealing the existing section.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 38-1507 is hereby amended to read as
15       follows: 38-1507. (a) In order to protect the privacy of children who are
16       the subject of a child in need of care record or report, all records and
17       reports concerning children in need of care, including the juvenile intake
18       and assessment report, received by the department of social and reha-
19       bilitation services, a law enforcement agency or any juvenile intake and
20       assessment worker shall be kept confidential except: (1) To those persons
21       or entities with a need for information that is directly related to achieving
22       the purposes of this code, or (2) upon an order of a court of competent
23       jurisdiction pursuant to a determination by the court that disclosure of
24       the reports and records is in the best interests of the child or are necessary
25       for the proceedings before the court, or both, and are otherwise admis-
26       sible in evidence. Such access shall be limited to in camera inspection
27       unless the court otherwise issues an order specifying the terms of disclo-
28       sure.
29           (b) When a report is received by the department of social and reha-
30       bilitation services, a law enforcement agency or any juvenile intake and
31       assessment worker which indicates a child may be in need of care, the
32       following persons and entities shall have a free exchange of information
33       between and among them:
34           (1) The department of social and rehabilitation services;
35           (2) the commissioner of juvenile justice;
36           (3) the law enforcement agency receiving such report;
37           (4) members of a court appointed multidisciplinary team;
38           (5) an entity mandated by federal law or an agency of any state au-
39       thorized to receive and investigate reports of a child known or suspected
40       to be in need of care;
41           (6) a military enclave or Indian tribal organization authorized to re-
42       ceive and investigate reports of a child known or suspected to be in need
43       of care;

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  1           (7) a county or district attorney;
  2           (8) a court services officer who has taken a child into custody pursuant
  3       to K.S.A. 38-1527, and amendments thereto;
  4           (9) a guardian ad litem appointed for a child alleged to be in need of
  5       care;
  6           (10) an intake and assessment worker; and
  7           (11) any community corrections program which has the child under
  8       court ordered supervision.
  9           (c) The following persons or entities shall have access to information,
10       records or reports received by the department of social and rehabilitation
11       services, a law enforcement agency or any juvenile intake and assessment
12       worker. Access shall be limited to information necessary to carry out their
13       lawful responsibilities or to diagnose, treat, care for or protect a child
14       alleged to be in need of care.
15           (1) A child named in the report or records.
16           (2) A parent or other person responsible for the welfare of a child,
17       or such person's legal representative.
18           (3) A court-appointed special advocate for a child, a citizen review
19       board or other advocate which reports to the court.
20           (4) A person licensed to practice the healing arts or mental health
21       profession in order to diagnose, care for, treat or supervise: (A) A child
22       whom such service provider reasonably suspects may be in need of care;
23       (B) a member of the child's family; or (C) a person who allegedly abused
24       or neglected the child.
25           (5) A person or entity licensed or registered by the secretary of health
26       and environment or approved by the secretary of social and rehabilitation
27       services to care for, treat or supervise a child in need of care. In order to
28       assist a child placed for care by the secretary of social and rehabilitation
29       services in a foster home or child care facility, the secretary shall provide
30       relevant information to the foster parents or child care facility prior to
31       placement and as such information becomes available to the secretary.
32           (6) A coroner or medical examiner when such person is determining
33       the cause of death of a child.
34           (7) The state child death review board established under K.S.A.
35       22a-243, and amendments thereto.
36           (8) A prospective adoptive parent prior to placing a child in their care.
37           (9) The department of health and environment or person authorized
38       by the department of health and environment pursuant to K.S.A. 59-512,
39       and amendments thereto, for the purpose of carrying out responsibilities
40       relating to licensure or registration of child care providers as required by
41       chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
42       thereto.
43           (10) The state protection and advocacy agency as provided by sub-

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  1       section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
  2       74-5515, and amendments thereto.
  3           (11) Any educational institution to the extent allowed pursuant to law
  4       or pursuant to court order.
  5           (d) Information from a record or report of a child in need of care
  6       shall be available to members of the standing house or senate committee
  7       on judiciary, house committee on appropriations, senate committee on
  8       ways and means, legislative post audit committee and joint committee on
  9       children and families, carrying out such member's or committee's official
10       functions in accordance with K.S.A. 75-4319 and amendments thereto,
11       in a closed or executive meeting. Except in limited conditions established
12       by 2/3 of the members of such committee, records and reports received
13       by the committee shall not be further disclosed. Unauthorized disclosure
14       may subject such member to discipline or censure from the house of
15       representatives or senate.
16           (e) Nothing in this section shall be interpreted to prohibit the sec-
17       retary of social and rehabilitation services from summarizing the outcome
18       of department actions regarding a child alleged to be a child in need of
19       care to a person having made such report.
20           (f) Disclosure of information from reports or records of a child in
21       need of care to the public shall be limited to confirmation of factual details
22       with respect to how the case was handled that do not violate the privacy
23       of the child, if living, or the child's siblings, parents or guardians. Further,
24       confidential information may be released to the public only with the ex-
25       press written permission of the individuals involved or their representa-
26       tives or upon order of the court having jurisdiction upon a finding by the
27       court that public disclosure of information in the records or reports is
28       necessary for the resolution of an issue before the court.
29           (g) Nothing in this section shall be interpreted to prohibit a court of
30       competent jurisdiction from making an order disclosing the findings or
31       information pursuant to a report of alleged or suspected child abuse or
32       neglect which has resulted in a child fatality or near fatality if the court
33       determines such disclosure is necessary to a legitimate state purpose. In
34       making such order, the court shall give due consideration to the privacy
35       of the child, if, living, or the child's siblings, parents or guardians.
36           (h) Information authorized to be disclosed in subsections (c) through
37       (f) shall not contain information which identifies a reporter of a child in
38       need of care.
39           (i) Records or reports authorized to be disclosed in this section shall
40       not be further disclosed.
41           (j) Anyone who participates in providing or receiving information
42       without malice under the provisions of this section shall have immunity
43       from any civil liability that might otherwise be incurred or imposed. Any

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  1       such participant shall have the same immunity with respect to participa-
  2       tion in any judicial proceedings resulting from providing or receiving in-
  3       formation.
  4           (k) No individual, association, partnership, corporation or other entity
  5       shall willfully or knowingly disclose, permit or encourage disclosure of
  6       the contents of records or reports concerning a child in need of care
  7       received by the department of social and rehabilitation services, a law
  8       enforcement agency or a juvenile intake and assessment worker except
  9       as provided by this code. Violation of this subsection is a class B nonperson
10       misdemeanor.
11           (l) For purposes of this section, ``records'' and ``reports'' shall include,
12       but not be limited to, audio and video tape statements of victims or wit-
13       nesses made by, or at the direction of the department of social and re-
14       habilitation services or a law enforcement agency as part of an investi-
15       gation into child abuse or neglect.
16           Sec. 2. K.S.A. 1997 Supp. 38-1507 is hereby repealed.
17           Sec. 3. This act shall take effect and be in force from and after its
18       publication in the statute book.
19