Session of 2000
HOUSE BILL No. 2842
By Committee on Appropriations
2-2
10 AN ACT relating to children in need of care; regarding confidentiality;
11 amending K.S.A. 1999 Supp. 38-1507 and repealing the existing
12 section.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 Sec. 1. K.S.A. 1999 Supp. 38-1507 is hereby amended to read as
16 follows: 38-1507. (a) Except as otherwise provided, in order to protect
17 the privacy of children who are the subject of a child in need of care
18 record or report, all records and reports concerning children in need of
19 care, including the juvenile intake and assessment report, received by the
20 department of social and rehabilitation services, a law enforcement
21 agency or any juvenile intake and assessment worker shall be kept con-
22 fidential except: (1) To those persons or entities with a need for infor-
23 mation that is directly related to achieving the purposes of this code, or
24 (2) upon an order of a court of competent jurisdiction pursuant to a
25 determination by the court that disclosure of the reports and records is
26 in the best interests of the child or are necessary for the proceedings
27 before the court, or both, and are otherwise admissible in evidence. Such
28 access shall be limited to in camera inspection unless the court otherwise
29 issues an order specifying the terms of disclosure.
30 (b) The provisions of subsection (a) shall not prevent disclosure of
31 information to an educational institution or to individual educators about
32 a pupil specified in subsection (a) of K.S.A. 1999 Supp. 72-89b03 and
33 amendments thereto.
34 (c) When a report is received by the department of social and reha-
35 bilitation services, a law enforcement agency or any juvenile intake and
36 assessment worker which indicates a child may be in need of care, the
37 following persons and entities shall have, on a need to know basis, a free
38 exchange of information between and among them:
39 (1) The department of social and rehabilitation services;
40 (2) the commissioner of juvenile justice;
41 (3) the law enforcement agency receiving such report;
42 (4) members of a court multidisciplinary team, within the meaning
43 of K.S.A. 38-1523a and K.S.A. 1999 Supp. 38-1502 and amendments
2
1 thereto, appointed multidisciplinary team by the court or by the state
2 department of social and rehabilitation services;
3 (5) an entity mandated by federal law or an agency of any state au-
4 thorized to receive and investigate reports of a child known or suspected
5 to be in need of care;
6 (6) a military enclave or Indian tribal organization authorized to re-
7 ceive and investigate reports of a child known or suspected to be in need
8 of care;
9 (7) a county or district attorney;
10 (8) a court services officer who has taken a child into custody pursuant
11 to K.S.A. 38-1527, and amendments thereto;
12 (9) a guardian ad litem appointed for a child alleged to be in need of
13 care;
14 (10) an intake and assessment worker; and
15 (11) any community corrections program which has the child under
16 court ordered supervision.; and
17 (12) the department of health and environment or person authorized
18 by the department pursuant to K.S.A. 1999 Supp. 65-504 and 65-512 and
19 amendments thereto, for the purpose of carrying out responsibilities re-
20 lating to licensure or registration of a child care provider as required by
21 article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
22 thereto.
23 (d) The following persons or entities are authorized to provide and
24 shall have access to information, records or reports created, received by
25 the department of social and rehabilitation services, a law enforcement
26 agency or any juvenile intake and assessment worker. Access shall be
27 limited to information or maintained among such persons or entities but
28 only to the extent reasonably necessary to carry out their lawful respon-
29 sibilities to maintain their personal safety and the personal safety of in-
30 dividuals in their care or to diagnose, treat, care for or protect a child
31 alleged to be in need of care.
32 (1) A child named in the report or records.
33 (2) A parent or other person responsible for the welfare of a child,
34 or such person's legal representative.
35 (3) A court-appointed special advocate for a child, a citizen review
36 board or other advocate which reports to the court.
37 (4) A person licensed or registered to practice the healing arts or
38 mental health profession in order to diagnose, care for, treat or supervise:
39 (A) A child whom such service provider reasonably suspects may be in
40 need of care; (B) a member of the child's family; or (C) a person who
41 allegedly abused or neglected the child.
42 (5) A person or entity licensed or registered by the secretary of health
43 and environment or approved by the secretary of social and rehabilitation
3
1 services to care for, treat or supervise a child in need of care. In order to
2 assist a child placed for care by the secretary of social and rehabilitation
3 services in a foster home or child care facility, the secretary shall provide
4 relevant information to the foster parents or child care facility prior to
5 placement and as such information becomes available to the secretary.
6 (6) A coroner or medical examiner when such person is determining
7 the cause of death of a child.
8 (7) The state child death review board established under K.S.A. 22a-
9 243, and amendments thereto.
10 (8) A prospective adoptive parent prior to placing a child in their care.
11 (9) The state protection and advocacy agency as provided by subsec-
12 tion (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
13 74-5515, and amendments thereto.
14 (10) Any educational institution to the extent necessary to enable the
15 educational institution to provide the safest possible environment for its
16 pupils and employees.
17 (11) Any educator to the extent necessary to enable the educator to
18 protect the personal safety of the educator and the educator's pupils.
19 (12) The secretary of social and rehabilitation services.
20 (13) A law enforcement agency.
21 (14) a juvenile intake and assessment worker.
22 (e) Information from a record or report of a child in need of care
23 shall be available to members of the standing house or senate committee
24 on judiciary, house committee on appropriations, senate committee on
25 ways and means, legislative post audit committee and joint committee on
26 children and families, carrying out such member's or committee's official
27 functions in accordance with K.S.A. 75-4319 and amendments thereto,
28 in a closed or executive meeting. Except in limited conditions established
29 by 2/3 of the members of such committee, records and reports received
30 by the committee shall not be further disclosed. Unauthorized disclosure
31 may subject such member to discipline or censure from the house of
32 representatives or senate.
33 (f) Nothing in this section shall be interpreted to prohibit the secre-
34 tary of social and rehabilitation services from summarizing the outcome
35 of department actions regarding a child alleged to be a child in need of
36 care to a person having made such report.
37 (g) Disclosure of information from reports or records of a child in
38 need of care to the public shall be limited to confirmation of factual details
39 with respect to how the case was handled that do not violate the privacy
40 of the child, if living, or the child's siblings, parents or guardians. Further,
41 confidential information may be released to the public only with the ex-
42 press written permission of the individuals involved or their representa-
43 tives or upon order of the court having jurisdiction upon a finding by the
4
1 court that public disclosure of information in the records or reports is
2 necessary for the resolution of an issue before the court.
3 (h) Nothing in this section shall be interpreted to prohibit a court of
4 competent jurisdiction from making an order disclosing the findings or
5 information pursuant to a report of alleged or suspected child abuse or
6 neglect which has resulted in a child fatality or near fatality if the court
7 determines such disclosure is necessary to a legitimate state purpose. In
8 making such order, the court shall give due consideration to the privacy
9 of the child, if, living, or the child's siblings, parents or guardians.
10 (i) Information authorized to be disclosed in subsections (d) through
11 (g) shall not contain information which identifies a reporter of a child in
12 need of care.
13 (j) Records or reports authorized to be disclosed in this section shall
14 not be further disclosed, except that the provisions of this subsection shall
15 not prevent disclosure of information to an educational institution or to
16 individual educators about a pupil specified in subsection (a) of K.S.A.
17 1999 Supp. 72-89b03 and amendments thereto.
18 (k) Anyone who participates in providing or receiving information
19 without malice under the provisions of this section shall have immunity
20 from any civil liability that might otherwise be incurred or imposed. Any
21 such participant shall have the same immunity with respect to participa-
22 tion in any judicial proceedings resulting from providing or receiving
23 information.
24 (l) No individual, association, partnership, corporation or other entity
25 shall willfully or knowingly disclose, permit or encourage disclosure of
26 the contents of records or reports concerning a child in need of care
27 received by the department of social and rehabilitation services, a law
28 enforcement agency or a juvenile intake and assessment worker except
29 as provided by this code. Violation of this subsection is a class B
30 misdemeanor.
31 Sec. 2. K.S.A. 1999 Supp. 38-1507 is hereby repealed.
32 Sec. 3. This act shall take effect and be in force from and after its
33 publication in the statute book.