An Act concerning the Kansas code for care of children; relating to the investigation of reports; amending K.S.A. 38-1523 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 38-1523 is hereby amended to read as follows: 38- 1523. (a) Investigation for child abuse or neglect. The state department of social and rehabilitation services and law enforcement officers shall have the duty to receive and investigate reports of child abuse or neglect for the purpose of determining whether the report is valid and whether action is required to protect the child from further abuse or neglect. If the department and such officers determine that no action is necessary to protect the child but that a criminal prosecution should be considered, the department and such law enforcement officers shall make a report of the case to the appropriate law enforcement agency. In no instance shall an investigation by the department of social and rehabilitation services proceed under this section when the alleged victim has reached the age of 23 years.

(b) Joint investigations. When a report of child abuse or neglect in- dicates (1) that there is serious physical injury to or serious deterioration or sexual abuse of the child and (2) that action may be required to protect the child, the investigation shall be conducted as a joint effort between the department of social and rehabilitation services and the appropriate law enforcement agency or agencies, with a free exchange of information between them. If a statement of a suspect is obtained by the law enforce- ment agency, a copy of the statement shall be provided to the department of social and rehabilitation services on request.

(c) Investigation of certain cases. Suspected child abuse or neglect which occurs in an institution operated by the secretary shall be investi- gated by an agent under the direction of the attorney general. Any other suspected child abuse or neglect by persons employed by the state de- partment of social and rehabilitation services shall be investigated by the appropriate law enforcement agency under the direction of the appro- priate county or district attorney, and not by the state department of social and rehabilitation services.

(d) Coordination of investigations by county or district attorney. If a dispute develops between agencies investigating a reported case of child abuse or neglect, the appropriate county or district attorney shall take charge of, direct and coordinate the investigation.

(e) Investigations concerning certain facilities. Any investigation in- volving a facility subject to licensing or regulation by the secretary of health and environment shall be promptly reported to the state secretary of health and environment.

(f) Cooperation between agencies. Law enforcement agencies and the department of social and rehabilitation services shall assist each other in taking action which is necessary to protect the child regardless of which party conducted the initial investigation.

(g) Cooperation between school personnel and investigative agencies. Elementary and secondary schools, the state department of social and rehabilitation services and law enforcement agencies shall cooperate with each other in the investigation of reports of suspected child abuse or neglect. Administrators of elementary and secondary schools shall provide to employees of the state department of social and rehabilitation services and law enforcement agencies access to a child in a setting on school premises determined by school personnel for the purpose of the inves- tigation of a report of suspected child abuse or neglect. To the extent that safety and practical considerations allow, law enforcement officers on school premises for the purpose of investigating a report of suspected child abuse or neglect shall not be in uniform.

(h) The secretary or the secretary's designee or a law enforcement officer may request disclosure of documents, reports or information in regard to a child, who is the subject of a report of abuse or neglect, by making a written verified application to the district court. Upon a finding by the court there is probable cause to believe the information sought will assist in the investigation of a report of child abuse or neglect, the court may issue a subpoena, subpoena duces tecum or an order for the production of the requested documents, reports or information and di- recting the documents, reports or information to be delivered to the ap- plicant at a specific time, date and place.

The time and date of delivery shall not be sooner than five days after the service of the subpoena or order, excluding Saturdays, Sundays and holidays. The court issuing the subpoena or order shall keep all applica- tions filed pursuant to this subsection and a copy of the subpoena or order in a special file maintained for that purpose. Upon receiving service of a subpoena, subpoena duces tecum or an order for production pursuant to this subsection, the party served shall give oral or written notice of service to any person known to have a right to assert a privilege or assert a right of confidentiality in regard to the documents, reports or information sought at least three days before the date of delivery.

(i) The written verified application shall be in substantially the fol- lowing form:

In the Interest of __________________                           Case No.
     ____________

The undersigned applicant being first duly sworn alleges and states as follows:

1. The applicant is ________________________________________________.

2. There is an investigation being made into the report of alleged abuse or neglect in regard to the above-named child or children.

3. The following documents, reports and/or information are requested. (List specifically.)

4. The reasons for the request are:

Further applicant saith not.

(j) Any parent, child, guardian ad litem, party subpoenaed or subject to an order of production or person who claims a privilege or right of confidentiality may request in writing that the court issuing the subpoena or order of production withdraw the subpoena, subpoena duces tecum or order for production issued pursuant to subsection (i). The request shall automatically stay the operation of the subpoena, subpoena duces tecum or order for production and the documents, reports or information requested shall not be delivered until the issuing court has held a hearing to determine if the documents, reports or information are subject to the claimed privilege or right of confidentiality, and whether it is in the best interests of the child for the subpoena or order to produce to be honored. The request to withdraw shall be filed with the district court issuing the subpoena or order at least 24 hours prior to the specified time and date of delivery, excluding Saturdays, Sundays or holidays, and a copy of the written request must be given to the person subpoenaed or subject to the order for production at least 24 hours prior to the specified time and date of delivery.

Sec. 2. K.S.A. 38-1523 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its publication in the Kansas register.

Approved April 4, 1996.

Published in the Kansas Register: April 11, 1996.