Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2209.Confidentiality of child in need of carerecords; penalties; immunities.(a) Confidentiality requirements. In order to protect the privacy ofchildren who are the subject of a child in need of care record or report, therecords identified in this section shall be confidential and shall not bedisclosed except as provided inK.S.A. 2009 Supp.38-2210 through 38-2213, and amendments thereto.Confidential records that are disclosed pursuant toK.S.A. 2009 Supp.38-2210 through 38-2213, and amendments thereto,shall not be further disclosed except to persons or entitiesauthorized to receive them as provided in those sections, or by being presentedas admissible evidence.
(1) Court records. Court records include both the official file and thesocial file.
(A) Official file. The official file of proceedings pursuant to this codeshall consist of the pleadings, process, service of process, orders, writs andjournal entries reflecting hearings held and judgments and decrees entered bythe court. The official file shall be kept separate from other records of thecourt.
(B) Social file. The social file of proceedings pursuant to this code shallconsist of reports and information received by the court, other than theofficial file. The social file shall be kept separate from other recordsof the court.
(2) Agency records. Agency records shall consist of all records and reportsin the possession or control of the secretary or any agent of the secretary orof a juvenile intake and assessment agency concerning children alleged oradjudicated to be in need of care.
(3) Law enforcement records. Law enforcement records shall consist of allrecords and reports in the possession of a law enforcement agency concerningchildren alleged or adjudicated to be in need of care and shall, to the extentpractical, be kept separate from other records held by a law enforcementagency.
(b) Penalties for improper disclosure of confidential records. Noindividual, association, partnership, corporation or other entity shallwillfully or knowingly disclose, permit or encourage disclosure of the contentsof records or reports in violation of the confidentiality requirements of thissection. The court in a child in need of care proceeding may impose a civilpenalty of up to $1,000 on any person or entity that violates this section.Violation of this section is a class A nonperson misdemeanor.
(c) Immunity. The following immunities shall apply to thedisclosure of confidential information:
(1) Anyone who participates in providing or receiving information withoutmalice under the provisions ofK.S.A. 2009 Supp.38-2210 through 38-2213,and amendments thereto, shallhave immunity from any civil liability that might otherwise be incurred orimposed. Any such participant shall have the same immunity with respect toparticipation in any judicial proceedings resulting from providing or receivinginformation.
(2) The sharing of any information pursuant to this code by any personlicensed or registered by the behavioral science regulatory board shall not besubject to review under any rules or regulations adopted by the behavioralsciences regulatory board.
(d) Risk of harm to child or others. Access to or disclosure ofinformation pursuant toK.S.A. 2009 Supp.38-2210 through 38-2213,and amendments thereto, is not required ifthe person or entity in possession of a record or report has reason to believethe person requesting such information may harm a child or other person as aresult of such access or disclosure. The court may enter an order compelling orprohibiting access to, or disclosure of information.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2209.Confidentiality of child in need of carerecords; penalties; immunities.(a) Confidentiality requirements. In order to protect the privacy ofchildren who are the subject of a child in need of care record or report, therecords identified in this section shall be confidential and shall not bedisclosed except as provided inK.S.A. 2009 Supp.38-2210 through 38-2213, and amendments thereto.Confidential records that are disclosed pursuant toK.S.A. 2009 Supp.38-2210 through 38-2213, and amendments thereto,shall not be further disclosed except to persons or entitiesauthorized to receive them as provided in those sections, or by being presentedas admissible evidence.
(1) Court records. Court records include both the official file and thesocial file.
(A) Official file. The official file of proceedings pursuant to this codeshall consist of the pleadings, process, service of process, orders, writs andjournal entries reflecting hearings held and judgments and decrees entered bythe court. The official file shall be kept separate from other records of thecourt.
(B) Social file. The social file of proceedings pursuant to this code shallconsist of reports and information received by the court, other than theofficial file. The social file shall be kept separate from other recordsof the court.
(2) Agency records. Agency records shall consist of all records and reportsin the possession or control of the secretary or any agent of the secretary orof a juvenile intake and assessment agency concerning children alleged oradjudicated to be in need of care.
(3) Law enforcement records. Law enforcement records shall consist of allrecords and reports in the possession of a law enforcement agency concerningchildren alleged or adjudicated to be in need of care and shall, to the extentpractical, be kept separate from other records held by a law enforcementagency.
(b) Penalties for improper disclosure of confidential records. Noindividual, association, partnership, corporation or other entity shallwillfully or knowingly disclose, permit or encourage disclosure of the contentsof records or reports in violation of the confidentiality requirements of thissection. The court in a child in need of care proceeding may impose a civilpenalty of up to $1,000 on any person or entity that violates this section.Violation of this section is a class A nonperson misdemeanor.
(c) Immunity. The following immunities shall apply to thedisclosure of confidential information:
(1) Anyone who participates in providing or receiving information withoutmalice under the provisions ofK.S.A. 2009 Supp.38-2210 through 38-2213,and amendments thereto, shallhave immunity from any civil liability that might otherwise be incurred orimposed. Any such participant shall have the same immunity with respect toparticipation in any judicial proceedings resulting from providing or receivinginformation.
(2) The sharing of any information pursuant to this code by any personlicensed or registered by the behavioral science regulatory board shall not besubject to review under any rules or regulations adopted by the behavioralsciences regulatory board.
(d) Risk of harm to child or others. Access to or disclosure ofinformation pursuant toK.S.A. 2009 Supp.38-2210 through 38-2213,and amendments thereto, is not required ifthe person or entity in possession of a record or report has reason to believethe person requesting such information may harm a child or other person as aresult of such access or disclosure. The court may enter an order compelling orprohibiting access to, or disclosure of information.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2209.Confidentiality of child in need of carerecords; penalties; immunities.(a) Confidentiality requirements. In order to protect the privacy ofchildren who are the subject of a child in need of care record or report, therecords identified in this section shall be confidential and shall not bedisclosed except as provided inK.S.A. 2009 Supp.38-2210 through 38-2213, and amendments thereto.Confidential records that are disclosed pursuant toK.S.A. 2009 Supp.38-2210 through 38-2213, and amendments thereto,shall not be further disclosed except to persons or entitiesauthorized to receive them as provided in those sections, or by being presentedas admissible evidence.
(1) Court records. Court records include both the official file and thesocial file.
(A) Official file. The official file of proceedings pursuant to this codeshall consist of the pleadings, process, service of process, orders, writs andjournal entries reflecting hearings held and judgments and decrees entered bythe court. The official file shall be kept separate from other records of thecourt.
(B) Social file. The social file of proceedings pursuant to this code shallconsist of reports and information received by the court, other than theofficial file. The social file shall be kept separate from other recordsof the court.
(2) Agency records. Agency records shall consist of all records and reportsin the possession or control of the secretary or any agent of the secretary orof a juvenile intake and assessment agency concerning children alleged oradjudicated to be in need of care.
(3) Law enforcement records. Law enforcement records shall consist of allrecords and reports in the possession of a law enforcement agency concerningchildren alleged or adjudicated to be in need of care and shall, to the extentpractical, be kept separate from other records held by a law enforcementagency.
(b) Penalties for improper disclosure of confidential records. Noindividual, association, partnership, corporation or other entity shallwillfully or knowingly disclose, permit or encourage disclosure of the contentsof records or reports in violation of the confidentiality requirements of thissection. The court in a child in need of care proceeding may impose a civilpenalty of up to $1,000 on any person or entity that violates this section.Violation of this section is a class A nonperson misdemeanor.
(c) Immunity. The following immunities shall apply to thedisclosure of confidential information:
(1) Anyone who participates in providing or receiving information withoutmalice under the provisions ofK.S.A. 2009 Supp.38-2210 through 38-2213,and amendments thereto, shallhave immunity from any civil liability that might otherwise be incurred orimposed. Any such participant shall have the same immunity with respect toparticipation in any judicial proceedings resulting from providing or receivinginformation.
(2) The sharing of any information pursuant to this code by any personlicensed or registered by the behavioral science regulatory board shall not besubject to review under any rules or regulations adopted by the behavioralsciences regulatory board.
(d) Risk of harm to child or others. Access to or disclosure ofinformation pursuant toK.S.A. 2009 Supp.38-2210 through 38-2213,and amendments thereto, is not required ifthe person or entity in possession of a record or report has reason to believethe person requesting such information may harm a child or other person as aresult of such access or disclosure. The court may enter an order compelling orprohibiting access to, or disclosure of information.
