Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2212.Appropriate and necessary access; exchangeof information; court ordered disclosure; limited public information.(a) Principle of appropriate access. Information contained inconfidential agency records concerning a child alleged or adjudicated to be inneed of care may be disclosed as provided in this section. Disclosure shall inall cases be guided by the principle of providing access only to persons orentities with a need for information that is directly related to achieving thepurposes of this code.
(b) Free exchange of information. Pursuant toK.S.A. 2009 Supp.38-2210, and amendments thereto, the secretary, agents of the secretary andjuvenile intake and assessment agencies shall participate in the free exchangeof information concerning a child who is alleged or adjudicated to be in needof care.
(c) Necessary access. The following persons or entities shall haveaccess toinformation from agency records. Access shall be limited to informationreasonably necessary to carry out their lawful responsibilities, to maintaintheir personal safety and the personal safety of individuals in their care, orto educate, diagnose, treat, care for or protect a child alleged to be in needof care. Information authorized to be disclosed pursuant to this subsectionshall not contain information which identifies a reporter of a child who isalleged or adjudicated to be a child in need of care.
(1) A child named in the report or records, a guardian ad litemappointed for the child and the child's attorney.
(2) A parent or other person responsible for the welfare of a child,or such person's legal representative.
(3) A court-appointed special advocate for a child, a citizen review boardor other advocate which reports to the court.
(4) A person licensed to practice the healing arts or mental healthprofession in order to diagnose, care for, treat or supervise: (A) A child whomsuch service provider reasonably suspects may be in need of care; (B) a memberof the child's family; or (C) a person who allegedly abused or neglectedthe child.
(5) A person or entity licensed or registered by the secretary of healthand environment or approved by the secretary of social and rehabilitationservices to care for, treat or supervise a child in need of care.
(6) A coroner or medical examiner when such person is determining the causeof death of a child.
(7) The state child death review board established under K.S.A. 22a-243, andamendments thereto.
(8) An attorney for a private party who files a petition pursuant tosubsection (b) ofK.S.A. 2009 Supp.38-2233, and amendments thereto.
(9) A foster parent, prospective foster parent, permanent custodian,prospective permanent custodian, adoptive parent or prospective adoptiveparent. In order to assist such person's in making an informed decisionregarding acceptance of a particular child, to help the family anticipateproblems which may occur during the child's placement, and to help the familymeet the needs of the child in a constructive manner, the secretary shall seekand shall provide the following information to such person's as the informationbecomes available to the secretary:
(A) Strengths, needs and general behavior of the child;
(B) circumstances which necessitated placement;
(C) information about the child's family and the child's relationship to thefamily which may affect the placement;
(D) important life experiences and relationships which may affect the child'sfeelings, behavior, attitudes or adjustment;
(E) medical history of the child, including third-party coverage which may beavailable to the child; and
(F) education history, to include present grade placement, special strengthsand weaknesses.
(10) The state protection and advocacy agency as provided by subsection(a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A. 74-5515,and amendments thereto.
(11) Any educational institution to the extent necessary to enable theeducational institution to provide the safest possible environment for itspupils and employees.
(12) Any educator to the extent necessary to enable the educator to protectthe personal safety of the educator and the educator's pupils.
(13) Any other federal, state or local government executive branch entity orany agent of such entity, having a need for such information in order to carryout such entity's responsibilities under the law to protect children from abuseand neglect.
(d) Specified access. The following persons or entities shall haveaccess to information contained in agency records as specified. Informationauthorized to be disclosed pursuant to this subsection shall not containinformation which identifies a reporter of a child who is alleged oradjudicated to be a child in need of care.
(1) Information from confidential agency records of the department of socialand rehabilitation services, a law enforcement agency or any juvenile intakeand assessment worker of a child alleged or adjudicated to be in need of careshall be available to members of the standing house or senate committee onjudiciary, house committee on corrections and juvenile justice, house committeeon appropriations, senate committee on ways and means, legislative post auditcommittee and any joint committee with authority to consider children's andfamilies' issues, when carrying out such member's or committee's officialfunctions in accordance with K.S.A. 75-4319 and amendments thereto, in a closedor executive meeting. Except in limited conditions established by 2/3 of themembers of such committee, records and reports received by the committee shallnot be further disclosed. Unauthorized disclosure may subject such member todiscipline or censure from the house of representatives or senate. Thesecretary of social and rehabilitation services shall not summarize the outcomeof department actions regarding a child alleged to be a child in need of carein information available to members of such committees.
(2) The secretary of social and rehabilitation services may summarize theoutcome of department actions regarding a child alleged to be a child in needof care to a person having made such report.
(3) Public disclosure of information from confidential reports or records ofa child alleged or adjudicated to be a child in need of care shall be limitedto:
(A) Confirmation of factual details with respect to how the case was handled,provided, however, that the information does not violate the privacy of thechild, or the child's siblings, parents or guardians.
(B) Confidential information may be released to the public only with theexpress written permission of the individuals involved or theirrepresentatives.
(e) Court order. Notwithstanding the provisions of this section, acourt of competent jurisdiction, after in camera inspection, may orderdisclosure of confidential agency records pursuant to a determination that thedisclosure is in the best interests of the child who is the subject of thereports or that the records are necessary for the proceedings of the court andotherwise admissible as evidence. The court shall specify the terms ofdisclosure and impose appropriate limitations.
(f) (1) Notwithstanding any other provision of law to the contrary,except as provided in paragraph (2), in the event that child abuse or neglectresults in a child fatality or near fatality, reports or records of a child inneed of care received by the department of social and rehabilitation services,a law enforcement agency or any juvenile intake and assessment worker shallbecome a public record and subject to disclosure pursuant to K.S.A. 45-215, andamendments thereto. Within seven days of receipt of a request in accordancewith the procedures adopted under K.S.A. 45-220, and amendments thereto, thesecretary shall notify any affected individual that an open records request hasbeen made concerning such records. The secretary or any affected individual mayfile a motion requesting the court to prevent disclosure of such record orreport, or any select portion thereof. If the affected individual does not filesuch motion within seven days of notification, and the secretary has not fileda motion, the secretary shall release the reports or records. In reviewing suchmotion, the court shall consider the effect such disclosure may have upon anongoing criminal investigation, a pending prosecution, or the privacy of thechild, if living, or the child's siblings, parents or guardians. Nothing hereinis intended to require that an otherwise privileged communication lose itsprivileged character. If the court grants such motion, the court shall makewritten findings on the record justifying the closing of the records. Forreports or records requested pursuant to this subsection, the time limitationsspecified in this subsection shall control to the extent of any inconsistencybetween this subsection and K.S.A. 45-218, and amendments thereto. As used inthis section, "near fatality" means an act that, as certified by a personlicensed to practice medicine and surgery, places the child in serious orcritical condition.
(2) Nothing in this subsection shall allow the disclosure of reports, recordsor documents concerning the child and such child's biological parents whichwere created prior to such child's adoption.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2212.Appropriate and necessary access; exchangeof information; court ordered disclosure; limited public information.(a) Principle of appropriate access. Information contained inconfidential agency records concerning a child alleged or adjudicated to be inneed of care may be disclosed as provided in this section. Disclosure shall inall cases be guided by the principle of providing access only to persons orentities with a need for information that is directly related to achieving thepurposes of this code.
(b) Free exchange of information. Pursuant toK.S.A. 2009 Supp.38-2210, and amendments thereto, the secretary, agents of the secretary andjuvenile intake and assessment agencies shall participate in the free exchangeof information concerning a child who is alleged or adjudicated to be in needof care.
(c) Necessary access. The following persons or entities shall haveaccess toinformation from agency records. Access shall be limited to informationreasonably necessary to carry out their lawful responsibilities, to maintaintheir personal safety and the personal safety of individuals in their care, orto educate, diagnose, treat, care for or protect a child alleged to be in needof care. Information authorized to be disclosed pursuant to this subsectionshall not contain information which identifies a reporter of a child who isalleged or adjudicated to be a child in need of care.
(1) A child named in the report or records, a guardian ad litemappointed for the child and the child's attorney.
(2) A parent or other person responsible for the welfare of a child,or such person's legal representative.
(3) A court-appointed special advocate for a child, a citizen review boardor other advocate which reports to the court.
(4) A person licensed to practice the healing arts or mental healthprofession in order to diagnose, care for, treat or supervise: (A) A child whomsuch service provider reasonably suspects may be in need of care; (B) a memberof the child's family; or (C) a person who allegedly abused or neglectedthe child.
(5) A person or entity licensed or registered by the secretary of healthand environment or approved by the secretary of social and rehabilitationservices to care for, treat or supervise a child in need of care.
(6) A coroner or medical examiner when such person is determining the causeof death of a child.
(7) The state child death review board established under K.S.A. 22a-243, andamendments thereto.
(8) An attorney for a private party who files a petition pursuant tosubsection (b) ofK.S.A. 2009 Supp.38-2233, and amendments thereto.
(9) A foster parent, prospective foster parent, permanent custodian,prospective permanent custodian, adoptive parent or prospective adoptiveparent. In order to assist such person's in making an informed decisionregarding acceptance of a particular child, to help the family anticipateproblems which may occur during the child's placement, and to help the familymeet the needs of the child in a constructive manner, the secretary shall seekand shall provide the following information to such person's as the informationbecomes available to the secretary:
(A) Strengths, needs and general behavior of the child;
(B) circumstances which necessitated placement;
(C) information about the child's family and the child's relationship to thefamily which may affect the placement;
(D) important life experiences and relationships which may affect the child'sfeelings, behavior, attitudes or adjustment;
(E) medical history of the child, including third-party coverage which may beavailable to the child; and
(F) education history, to include present grade placement, special strengthsand weaknesses.
(10) The state protection and advocacy agency as provided by subsection(a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A. 74-5515,and amendments thereto.
(11) Any educational institution to the extent necessary to enable theeducational institution to provide the safest possible environment for itspupils and employees.
(12) Any educator to the extent necessary to enable the educator to protectthe personal safety of the educator and the educator's pupils.
(13) Any other federal, state or local government executive branch entity orany agent of such entity, having a need for such information in order to carryout such entity's responsibilities under the law to protect children from abuseand neglect.
(d) Specified access. The following persons or entities shall haveaccess to information contained in agency records as specified. Informationauthorized to be disclosed pursuant to this subsection shall not containinformation which identifies a reporter of a child who is alleged oradjudicated to be a child in need of care.
(1) Information from confidential agency records of the department of socialand rehabilitation services, a law enforcement agency or any juvenile intakeand assessment worker of a child alleged or adjudicated to be in need of careshall be available to members of the standing house or senate committee onjudiciary, house committee on corrections and juvenile justice, house committeeon appropriations, senate committee on ways and means, legislative post auditcommittee and any joint committee with authority to consider children's andfamilies' issues, when carrying out such member's or committee's officialfunctions in accordance with K.S.A. 75-4319 and amendments thereto, in a closedor executive meeting. Except in limited conditions established by 2/3 of themembers of such committee, records and reports received by the committee shallnot be further disclosed. Unauthorized disclosure may subject such member todiscipline or censure from the house of representatives or senate. Thesecretary of social and rehabilitation services shall not summarize the outcomeof department actions regarding a child alleged to be a child in need of carein information available to members of such committees.
(2) The secretary of social and rehabilitation services may summarize theoutcome of department actions regarding a child alleged to be a child in needof care to a person having made such report.
(3) Public disclosure of information from confidential reports or records ofa child alleged or adjudicated to be a child in need of care shall be limitedto:
(A) Confirmation of factual details with respect to how the case was handled,provided, however, that the information does not violate the privacy of thechild, or the child's siblings, parents or guardians.
(B) Confidential information may be released to the public only with theexpress written permission of the individuals involved or theirrepresentatives.
(e) Court order. Notwithstanding the provisions of this section, acourt of competent jurisdiction, after in camera inspection, may orderdisclosure of confidential agency records pursuant to a determination that thedisclosure is in the best interests of the child who is the subject of thereports or that the records are necessary for the proceedings of the court andotherwise admissible as evidence. The court shall specify the terms ofdisclosure and impose appropriate limitations.
(f) (1) Notwithstanding any other provision of law to the contrary,except as provided in paragraph (2), in the event that child abuse or neglectresults in a child fatality or near fatality, reports or records of a child inneed of care received by the department of social and rehabilitation services,a law enforcement agency or any juvenile intake and assessment worker shallbecome a public record and subject to disclosure pursuant to K.S.A. 45-215, andamendments thereto. Within seven days of receipt of a request in accordancewith the procedures adopted under K.S.A. 45-220, and amendments thereto, thesecretary shall notify any affected individual that an open records request hasbeen made concerning such records. The secretary or any affected individual mayfile a motion requesting the court to prevent disclosure of such record orreport, or any select portion thereof. If the affected individual does not filesuch motion within seven days of notification, and the secretary has not fileda motion, the secretary shall release the reports or records. In reviewing suchmotion, the court shall consider the effect such disclosure may have upon anongoing criminal investigation, a pending prosecution, or the privacy of thechild, if living, or the child's siblings, parents or guardians. Nothing hereinis intended to require that an otherwise privileged communication lose itsprivileged character. If the court grants such motion, the court shall makewritten findings on the record justifying the closing of the records. Forreports or records requested pursuant to this subsection, the time limitationsspecified in this subsection shall control to the extent of any inconsistencybetween this subsection and K.S.A. 45-218, and amendments thereto. As used inthis section, "near fatality" means an act that, as certified by a personlicensed to practice medicine and surgery, places the child in serious orcritical condition.
(2) Nothing in this subsection shall allow the disclosure of reports, recordsor documents concerning the child and such child's biological parents whichwere created prior to such child's adoption.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2212.Appropriate and necessary access; exchangeof information; court ordered disclosure; limited public information.(a) Principle of appropriate access. Information contained inconfidential agency records concerning a child alleged or adjudicated to be inneed of care may be disclosed as provided in this section. Disclosure shall inall cases be guided by the principle of providing access only to persons orentities with a need for information that is directly related to achieving thepurposes of this code.
(b) Free exchange of information. Pursuant toK.S.A. 2009 Supp.38-2210, and amendments thereto, the secretary, agents of the secretary andjuvenile intake and assessment agencies shall participate in the free exchangeof information concerning a child who is alleged or adjudicated to be in needof care.
(c) Necessary access. The following persons or entities shall haveaccess toinformation from agency records. Access shall be limited to informationreasonably necessary to carry out their lawful responsibilities, to maintaintheir personal safety and the personal safety of individuals in their care, orto educate, diagnose, treat, care for or protect a child alleged to be in needof care. Information authorized to be disclosed pursuant to this subsectionshall not contain information which identifies a reporter of a child who isalleged or adjudicated to be a child in need of care.
(1) A child named in the report or records, a guardian ad litemappointed for the child and the child's attorney.
(2) A parent or other person responsible for the welfare of a child,or such person's legal representative.
(3) A court-appointed special advocate for a child, a citizen review boardor other advocate which reports to the court.
(4) A person licensed to practice the healing arts or mental healthprofession in order to diagnose, care for, treat or supervise: (A) A child whomsuch service provider reasonably suspects may be in need of care; (B) a memberof the child's family; or (C) a person who allegedly abused or neglectedthe child.
(5) A person or entity licensed or registered by the secretary of healthand environment or approved by the secretary of social and rehabilitationservices to care for, treat or supervise a child in need of care.
(6) A coroner or medical examiner when such person is determining the causeof death of a child.
(7) The state child death review board established under K.S.A. 22a-243, andamendments thereto.
(8) An attorney for a private party who files a petition pursuant tosubsection (b) ofK.S.A. 2009 Supp.38-2233, and amendments thereto.
(9) A foster parent, prospective foster parent, permanent custodian,prospective permanent custodian, adoptive parent or prospective adoptiveparent. In order to assist such person's in making an informed decisionregarding acceptance of a particular child, to help the family anticipateproblems which may occur during the child's placement, and to help the familymeet the needs of the child in a constructive manner, the secretary shall seekand shall provide the following information to such person's as the informationbecomes available to the secretary:
(A) Strengths, needs and general behavior of the child;
(B) circumstances which necessitated placement;
(C) information about the child's family and the child's relationship to thefamily which may affect the placement;
(D) important life experiences and relationships which may affect the child'sfeelings, behavior, attitudes or adjustment;
(E) medical history of the child, including third-party coverage which may beavailable to the child; and
(F) education history, to include present grade placement, special strengthsand weaknesses.
(10) The state protection and advocacy agency as provided by subsection(a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A. 74-5515,and amendments thereto.
(11) Any educational institution to the extent necessary to enable theeducational institution to provide the safest possible environment for itspupils and employees.
(12) Any educator to the extent necessary to enable the educator to protectthe personal safety of the educator and the educator's pupils.
(13) Any other federal, state or local government executive branch entity orany agent of such entity, having a need for such information in order to carryout such entity's responsibilities under the law to protect children from abuseand neglect.
(d) Specified access. The following persons or entities shall haveaccess to information contained in agency records as specified. Informationauthorized to be disclosed pursuant to this subsection shall not containinformation which identifies a reporter of a child who is alleged oradjudicated to be a child in need of care.
(1) Information from confidential agency records of the department of socialand rehabilitation services, a law enforcement agency or any juvenile intakeand assessment worker of a child alleged or adjudicated to be in need of careshall be available to members of the standing house or senate committee onjudiciary, house committee on corrections and juvenile justice, house committeeon appropriations, senate committee on ways and means, legislative post auditcommittee and any joint committee with authority to consider children's andfamilies' issues, when carrying out such member's or committee's officialfunctions in accordance with K.S.A. 75-4319 and amendments thereto, in a closedor executive meeting. Except in limited conditions established by 2/3 of themembers of such committee, records and reports received by the committee shallnot be further disclosed. Unauthorized disclosure may subject such member todiscipline or censure from the house of representatives or senate. Thesecretary of social and rehabilitation services shall not summarize the outcomeof department actions regarding a child alleged to be a child in need of carein information available to members of such committees.
(2) The secretary of social and rehabilitation services may summarize theoutcome of department actions regarding a child alleged to be a child in needof care to a person having made such report.
(3) Public disclosure of information from confidential reports or records ofa child alleged or adjudicated to be a child in need of care shall be limitedto:
(A) Confirmation of factual details with respect to how the case was handled,provided, however, that the information does not violate the privacy of thechild, or the child's siblings, parents or guardians.
(B) Confidential information may be released to the public only with theexpress written permission of the individuals involved or theirrepresentatives.
(e) Court order. Notwithstanding the provisions of this section, acourt of competent jurisdiction, after in camera inspection, may orderdisclosure of confidential agency records pursuant to a determination that thedisclosure is in the best interests of the child who is the subject of thereports or that the records are necessary for the proceedings of the court andotherwise admissible as evidence. The court shall specify the terms ofdisclosure and impose appropriate limitations.
(f) (1) Notwithstanding any other provision of law to the contrary,except as provided in paragraph (2), in the event that child abuse or neglectresults in a child fatality or near fatality, reports or records of a child inneed of care received by the department of social and rehabilitation services,a law enforcement agency or any juvenile intake and assessment worker shallbecome a public record and subject to disclosure pursuant to K.S.A. 45-215, andamendments thereto. Within seven days of receipt of a request in accordancewith the procedures adopted under K.S.A. 45-220, and amendments thereto, thesecretary shall notify any affected individual that an open records request hasbeen made concerning such records. The secretary or any affected individual mayfile a motion requesting the court to prevent disclosure of such record orreport, or any select portion thereof. If the affected individual does not filesuch motion within seven days of notification, and the secretary has not fileda motion, the secretary shall release the reports or records. In reviewing suchmotion, the court shall consider the effect such disclosure may have upon anongoing criminal investigation, a pending prosecution, or the privacy of thechild, if living, or the child's siblings, parents or guardians. Nothing hereinis intended to require that an otherwise privileged communication lose itsprivileged character. If the court grants such motion, the court shall makewritten findings on the record justifying the closing of the records. Forreports or records requested pursuant to this subsection, the time limitationsspecified in this subsection shall control to the extent of any inconsistencybetween this subsection and K.S.A. 45-218, and amendments thereto. As used inthis section, "near fatality" means an act that, as certified by a personlicensed to practice medicine and surgery, places the child in serious orcritical condition.
(2) Nothing in this subsection shall allow the disclosure of reports, recordsor documents concerning the child and such child's biological parents whichwere created prior to such child's adoption.
