As Amended by House Committee
Session of 1999
HOUSE BILL No. 2224
By Committee on Judiciary
2-2
10 AN ACT concerning persons required to report abuse, neglect or ex-
11 ploitation of children and certain adults; providing certain exemptions;
12 amending K.S.A. 1998 Supp. 38-1522, 39-1402 and 39-1431 and re-
13 pealing the existing sections.
14
15 Be it enacted by the Legislature of the State of Kansas:
16 Section 1. K.S.A. 1998 Supp. 38-1522 is hereby amended to read as
17 follows: 38-1522. (a) (1) Except as otherwise provided by this subsection
18 when any of the following persons has reason to suspect that a child has
19 been injured as a result of physical, mental or emotional abuse or neglect
20 or sexual abuse, the person shall report the matter promptly as provided
21 in subsection (c) or (e): Persons licensed to practice the healing arts or
22 dentistry; persons licensed to practice optometry; persons engaged in
23 postgraduate training programs approved by the state board of healing
24 arts; licensed psychologists; licensed professional or practical nurses ex-
25 amining, attending or treating a child under the age of 18; teachers, school
26 administrators or other employees of a school which the child is attending;
27 chief administrative officers of medical care facilities; registered marriage
28 and family therapists; persons licensed by the secretary of health and
29 environment to provide child care services or the employees of persons
30 so licensed at the place where the child care services are being provided
31 to the child; licensed social workers; firefighters; emergency medical serv-
32 ices personnel; mediators appointed under K.S.A. 23-602 and amend-
33 ments thereto; juvenile intake and assessment workers; and law enforce-
34 ment officers. The report may be made orally and shall be followed by a
35 written report if requested. When the suspicion is the result of medical
36 examination or treatment of a child by a member of the staff of a medical
37 care facility or similar institution, that staff member shall immediately
38 notify the superintendent, manager or other person in charge of the in-
39 stitution who shall make a written report forthwith. Every written report
40 shall contain, if known, the names and addresses of the child and the
41 child's parents or other persons responsible for the child's care, the child's
42 age, the nature and extent of the child's injury (including any evidence of
43 previous injuries) and any other information that the maker of the report
44 believes might be helpful in establishing the cause of the injuries and the
45 identity of the persons responsible for the injuries.
46 (2) The provisions of subpart (1) do not apply to any person who
47 holds a professional license issued by an agency of the state of Kansas, or
48 to any person specified in subpart (1) if the person is an attorney engaged
49 in the regular practice of law in the state of Kansas at the time a report
50 under subpart (1) would be required, and the report involves a client of
51 the attorney or is a person to whom the attorney owes a professional duty
52 of confidentiality.
53 (b) Any other person who has reason to suspect that a child has been
54 injured as a result of physical, mental or emotional abuse or neglect or
55 sexual abuse may report the matter as provided in subsection (c) or (e).
56 (c) Except as provided by subsection (e), reports made pursuant to
57 this section shall be made to the state department of social and rehabil-
58 itation services. When the department is not open for business, the re-
59 ports shall be made to the appropriate law enforcement agency. On the
60 next day that the state department of social and rehabilitation services is
61 open for business, the law enforcement agency shall report to the de-
62 partment any report received and any investigation initiated pursuant to
63 subsection (a) of K.S.A. 38-1524 and amendments thereto. The reports
64 may be made orally or, on request of the department, in writing.
65 (d) Any person who is required by this section to report an injury to
66 a child and who knows of the death of a child shall notify immediately
67 the coroner as provided by K.S.A. 22a-242, and amendments thereto.
68 (e) Reports of child abuse or neglect occurring in an institution op-
69 erated by the secretary of social and rehabilitation services or the com-
70 missioner of juvenile justice shall be made to the attorney general. All
71 other reports of child abuse or neglect by persons employed by or of
72 children of persons employed by the state department of social and re-
73 habilitation services or the juvenile justice authority shall be made to the
74 appropriate law enforcement agency.
75 (f) Willful and knowing failure to make a report required by this sec-
76 tion is a class B misdemeanor.
77 (g) Preventing or interfering with, with the intent to prevent, the
78 making of a report required by this section is a class B misdemeanor.
79 Sec. 2. K.S.A. 1998 Supp. 39-1402 is hereby amended to read as
80 follows: 39-1402. (a) (1) Except as otherwise provided by this subsection,
81 any person who is licensed to practice any branch of the healing arts, a
82 licensed psychologist, a licensed master level psychologist, a chief admin-
83 istrative officer of a medical care facility, an adult care home administrator
84 or operator, a licensed social worker, a licensed professional nurse, a
85 licensed practical nurse, a teacher, a bank trust officer, a guardian or a
86 conservator who has reasonable cause to believe that a resident is being
87 or has been abused, neglected or exploited, or is in a condition which is
88 the result of such abuse, neglect or exploitation or is in need of protective
89 services, shall report immediately such information or cause a report of
90 such information to be made in any reasonable manner to the department
91 of health and environment with respect to residents defined under (a)(1)
92 and (a)(2) of K.S.A. 39-1401 and amendments thereto and to the de-
93 partment of social and rehabilitation services with respect to all other
94 residents. Reports made to one department which are required by this
95 subsection to be made to the other department shall be referred by the
96 department to which the report is made to the appropriate department
97 for that report, and any such report shall constitute compliance with this
98 subsection. Reports shall be made during the normal working week days
99 and hours of operation of such departments. Reports shall be made to
100 law enforcement agencies during the time the departments are not open
101 for business. Law enforcement agencies shall submit the report and ap-
102 propriate information to the appropriate department on the first working
103 day that such department is open for business. A report made pursuant
104 to K.S.A. 65-4923 or 65-4924 and amendments thereto shall be deemed
105 a report under this section.
106 (2) The provisions of subpart (1) do not apply to any person who
107 holds a professional license issued by an agency of the state of Kansas, or
108 to any person specified in subpart (1) if the person is an attorney engaged
109 in the regular practice of law in the state of Kansas at the time a report
110 under subpart (1) would be required, and the report involves a client of
111 the attorney or is a person to whom the attorney owes a professional duty
112 of confidentiality.
113 (b) The report made pursuant to subsection (a) shall contain the
114 name and address of the person making the report and of the caretaker
115 caring for the resident, the name and address of the involved resident,
116 information regarding the nature and extent of the abuse, neglect or ex-
117 ploitation, the name of the next of kin of the resident, if known, and any
118 other information which the person making the report believes might be
119 helpful in an investigation of the case and the protection of the resident.
120 (c) Any other person having reasonable cause to suspect or believe
121 that a resident is being or has been abused, neglected or exploited, or is
122 in a condition which is the result of such abuse, neglect or exploitation
123 or is in need of protective services may report such information to the
124 department of health and environment with respect to residents defined
125 under (a)(1) and (a)(2) of K.S.A. 39-1401 and amendments thereto and
126 to the department of social and rehabilitation services with respect to all
127 other residents. Reports made to one department which are to be made
128 to the other department under this section shall be referred by the de-
129 partment to which the report is made to the appropriate department for
130 that report.
131 (d) Notice of the requirements of this act and the department to
132 which a report is to be made under this act shall be posted in a conspic-
133 uous place in every adult care home and medical care facility in this state.
134 (e) Any person required to report information or cause a report of
135 information to be made under subsection (a) who knowingly fails to make
136 such report or cause such report to be made shall be guilty of a class B
137 misdemeanor.
138 Sec. 3. K.S.A. 1998 Supp. 39-1431 is hereby amended to read as
139 follows: 39-1431. (a) (1) Except as otherwise provided by this subsection
140 any person who is licensed to practice any branch of the healing arts, a
141 licensed psychologist, a licensed master level psychologist, the chief ad-
142 ministrative officer of a medical care facility, a teacher, a licensed social
143 worker, a licensed professional nurse, a licensed practical nurse, a licensed
144 dentist, a law enforcement officer, a case manager, a guardian or conser-
145 vator, a bank trust officer, a rehabilitation counselor, a holder of a power
146 of attorney, an owner or operator of a residential care facility, an inde-
147 pendent living counselor and the chief administrative officer of a licensed
148 home health agency, the chief administrative officer of an adult family
149 home and the chief administrative officer of a provider of community
150 services and affiliates thereof operated or funded by the department of
151 social and rehabilitation services or licensed under K.S.A. 75-3307b and
152 amendments thereto who has reasonable cause to believe that an adult is
153 being or has been abused, neglected or exploited or is in need of protec-
154 tive services shall report, immediately from receipt of the information,
155 such information or cause a report of such information to be made in any
156 reasonable manner. An employee of a domestic violence center shall not
157 be required to report information or cause a report of information to be
158 made under this subsection. Other state agencies receiving reports that
159 are to be referred to the department of social and rehabilitation services,
160 shall submit the report to the department within six hours, during normal
161 work days, of receiving the information. Reports shall be made to the
162 department of social and rehabilitation services during the normal work-
163 ing week days and hours of operation. Reports shall be made to law en-
164 forcement agencies during the time social and rehabilitation services are
165 not in operation. Law enforcement shall submit the report and appro-
166 priate information to the department of social and rehabilitation services
167 on the first working day that social and rehabilitation services is in
168 operation.
169 (2) The provisions of subpart (1) do not apply to any person who
170 holds a professional license issued by an agency of the state of Kansas, or
171 to any person specified in subpart (1) if the person is an attorney engaged
172 in the regular practice of law in the state of Kansas at the time a report
173 under subpart (1) would be required, and the report involves a client of
174 the attorney or is a person to whom the attorney owes a professional duty
175 of confidentiality.
176 (b) The report made pursuant to subsection (a) shall contain the
177 name and address of the person making the report and of the caretaker
178 caring for the involved adult, the name and address of the involved adult,
179 information regarding the nature and extent of the abuse, neglect or ex-
180 ploitation, the name of the next of kin of the involved adult, if known,
181 and any other information which the person making the report believes
182 might be helpful in the investigation of the case and the protection of the
183 involved adult.
184 (c) Any other person having reasonable cause to suspect or believe
185 that an adult is being or has been abused, neglected or exploited or is in
186 need of protective services may report such information to the depart-
187 ment of social and rehabilitation services. Reports shall be made to law
188 enforcement agencies during the time social and rehabilitation services
189 are not in operation.
190 (d) A person making a report under subsection (a) shall not be re-
191 quired to make a report under K.S.A. 39-1401 to 39-1410, inclusive, and
192 amendments thereto.
193 (e) Any person required to report information or cause a report of
194 information to be made under subsection (a) who knowingly fails to make
195 such report or cause such report not to be made shall be guilty of a class
196 B misdemeanor.
197 (f) Notice of the requirements of this act and the department to
198 which a report is to be made under this act shall be posted in a conspic-
199 uous place in every adult family home as defined in K.S.A. 39-1501 and
200 amendments thereto and every provider of community services and af-
201 filiates thereof operated or funded by the department of social and re-
202 habilitation services or other facility licensed under K.S.A. 75-3307b and
203 amendments thereto.
204 Sec. 4. K.S.A. 1998 Supp. 38-1522, 39-1402 and 39-1431 are hereby
205 repealed.
206 Sec. 5. This act shall take effect and be in force from and after its
207 publication in the statute book.