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Session of 2000
          SENATE BILL No. 615           By Senator Bleeker           2-9          

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  9             AN  ACT concerning children in need of care; relating to the reporting
10             of child abuse or neglect; amending K.S.A. 38-1526 and K.S.A. 1999
11             Supp. 38-1522 and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 38-1522 is hereby amended to read as
15       follows: 38-1522. (a) When any of the following persons has reason to
16       suspect that a child has been injured as a result of physical, mental or
17       emotional abuse or neglect or sexual abuse, the person shall report the
18       matter promptly as provided in subsection (c) or (e): Persons licensed to
19       practice the healing arts or dentistry; persons licensed to practice optom-
20       etry; persons engaged in postgraduate training programs approved by the
21       state board of healing arts; licensed psychologists; licensed professional
22       or practical nurses examining, attending or treating a child under the age
23       of 18; teachers, school administrators or other employees of a school
24       which the child is attending; chief administrative officers of medical care
25       facilities; registered marriage and family therapists; persons licensed by
26       the secretary of health and environment to provide child care services or
27       the employees of persons so licensed at the place where the child care
28       services are being provided to the child; licensed social workers; firefight-
29       ers; emergency medical services personnel; mediators appointed under
30       K.S.A. 23-602 and amendments thereto; juvenile intake and assessment
31       workers; and law enforcement officers. The report may be made orally
32       and shall be followed by a written report if requested. When the suspicion
33       is the result of medical examination or treatment of a child by a member
34       of the staff of a medical care facility or similar institution, that staff mem-
35       ber shall immediately notify the superintendent, manager or other person
36       in charge of the institution who shall make a written report forthwith.
37       Every written report shall contain, if known, the names and addresses of
38       the child and the child's parents or other persons responsible for the
39       child's care, the child's age, the nature and extent of the child's injury
40       (including any evidence of previous injuries) and any other information
41       that the maker of the report believes might be helpful in establishing the
42       cause of the injuries and the identity of the persons responsible for the
43       injuries.

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  1             (b) Any other person who has reason to suspect that a child has been
  2       injured as a result of physical, mental or emotional abuse or neglect or
  3       sexual abuse may report the matter as provided in subsection (c) or (e).
  4             (c) Except as provided by subsection (e), reports made pursuant to
  5       this section shall be made to the state department of social and rehabil-
  6       itation services. When the department is not open for business, the re-
  7       ports shall be made to the appropriate law enforcement agency. On the
  8       next day that the state department of social and rehabilitation services is
  9       open for business, the law enforcement agency shall report to the de-
10       partment any report received and any investigation initiated pursuant to
11       subsection (a) of K.S.A. 38-1524 and amendments thereto. The reports
12       may be made orally or, on request of the department, in writing.
13             (d) Any person who is required by this section to report an injury to
14       a child and who knows of the death of a child shall notify immediately
15       the coroner as provided by K.S.A. 22a-242, and amendments thereto.
16             (e) Reports of child abuse or neglect occurring in an institution op-
17       erated by the secretary of social and rehabilitation services or the com-
18       missioner of juvenile justice shall be made to the attorney general. All
19       other reports of child abuse or neglect by persons employed by or of
20       children of persons employed by the state department of social and re-
21       habilitation services or the juvenile justice authority shall be made to the
22       appropriate law enforcement agency.
23             (f)  (1) No report of child abuse or neglect as provided in this section
24       shall be taken by the department or a law enforcement agency unless the
25       identity of the person who makes the report is known, except that a report
26       of child abuse or neglect shall be taken from a person under 18 years of
27       age. The name of any such person who makes a report of child abuse or
28       neglect shall be kept confidential by the agency to which the report was
29       made, except that the name of such person shall be disclosed:
30             (A) To any person who is the subject of the report, or to any person
31       or entity when requested by the person who is the subject of the report.
32       Such disclosure shall be made in a manner that will prevent identification
33       of any other person who is the subject or source of the report;
34             (B) in any proceeding conducted pursuant to law and relating to the
35       facts of the report or the manner or intent by which the report was made,
36       or in an appeal to such proceeding or to any party to such proceeding or
37       appeal or the party's attorney; and
38             (C) upon order of the court or subpoena.
39             (2) If the allegations of abuse or neglect are not substantiated, upon
40       request of the parent or guardian of the child or children who were be-
41       lieved to have been injured as a result of abuse or neglect as provided in
42       this section, the agency to which report was made shall disclose to the
43       guardian the name of the person who made such report regarding such

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  1       abuse or neglect.
  2             (g) Willful and knowing failure to make a report required by this
  3       section is a class B misdemeanor.
  4             (g) (h) Preventing or interfering with, with the intent to prevent, the
  5       making of a report required by this section is a class B misdemeanor.
  6             Sec.  2. K.S.A. 38-1526 is hereby amended to read as follows: 38-
  7       1526. Anyone participating without malice in the making of an oral or
  8       written report to a law enforcement agency or the department of social
  9       and rehabilitation services relating to injury inflicted upon a child under
10       18 years of age as a result of physical, mental or emotional abuse or
11       neglect or sexual abuse or in any follow-up activity to or investigation of
12       the report shall have immunity from any civil liability that might otherwise
13       be incurred or imposed, if such child was determined to have been abused
14       or neglected. There shall be no immunity from liability as provided in this
15       section, if it is determined that the child was not abused or neglected. Any
16       such participant shall have the same immunity with respect to participa-
17       tion in any judicial proceedings resulting from the report. 
18       Sec.  3. K.S.A. 38-1526 and K.S.A. 1999 Supp. 38-1522 are hereby
19       repealed.
20        Sec.  4. This act shall take effect and be in force from and after its
21       publication in the statute book.