Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2213.Records of law enforcement agencies;limited disclosure; exchange of information; access; court ordereddisclosure.(a) Principle of limited disclosure. Information contained inconfidential law enforcement records concerning a child alleged or adjudicatedto be in need of care may be disclosed as provided in this section. Disclosureshall in all cases be guided by the principle of providing access only topersons or entities with a need for information that is directly related toachieving the purposes of this code.
(b) Free exchange of information. Pursuant toK.S.A. 2009 Supp.38-2210, and amendments thereto, a law enforcement agency shall participate inthe free exchange of information concerning a child who is alleged oradjudicated to be in need of care.
(c) Access to information in law enforcement records. In orderto discharge their official duties, the following persons or entities shallhave access to confidential law enforcement records concerning a child allegedor adjudicated to be in need of care.
(1) The court having jurisdiction over the proceedings, including thepresiding judge and any court personnel designated by the judge.
(2) The secretary.
(3) The commissioner of juvenile justice.
(4) Law enforcement officers or county or district attorneys or their staff.
(5) Any juvenile intake and assessment worker.
(6) Members of a court-appointed multidisciplinary team.
(7) Any other federal, state or local government executive branch entity,or any agent of such entity, having a need for such information in order tocarry out such entity's responsibilities under law to protect children fromabuse and neglect.
(8) Persons or entities allowed access pursuant to subsection (f) of K.S.A.2009 Supp. 38-2212, and amendments thereto.
(d) Necessary access. The following persons or entities shall haveaccess to information from law enforcement records when reasonably necessary tocarry out their lawful responsibilities, to maintain their personal safety andthe personal safety of individuals in their care, or to educate, diagnose,treat, care for or protect a child alleged or adjudicated to be in need ofcare. Information authorized to be disclosed in this subsection shall notcontain information which identifies a reporter of a child alleged oradjudicated to be a child in need of care.
(1) Any individual, or public or private agency authorized by a properlyconstituted authority to diagnose, care for, treat or supervise a child who isthe subject of a report or record of child abuse or neglect, includingphysicians, psychiatrists, nurses, nurse practitioners, psychologists, licensedsocial workers, child development specialists, physician assistants, communitymental health workers, alcohol and drug abuse counselors, and licensed orregistered child care providers.
(2) School administrators shall have access to but shall not copy lawenforcement records and may disclose information to teachers, paraprofessionalsand other school personnel as necessary to meet the educational needs of thechild or to protect the safety of students and school employees.
(3) The department of health and environment or persons authorized by thedepartment of health and environment pursuant to K.S.A. 65-512, and amendmentsthereto, for the purposes of carrying out responsibilities relating tolicensure or registration of child care providers as required by article 5 ofchapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(e) Legislative access. Information from law enforcement recordsof a child alleged or adjudicated to be in need of care shall be available tomembers of the standing house or senate committee on judiciary, house committeeon corrections and juvenile justice, house committee on appropriations, senatecommittee on ways and means, legislative post audit committee and any jointcommittee with authority to consider children's and families' issues, whencarrying out such member's or committee's official functions in accordance withK.S.A. 75-4319 and amendments thereto, in a closed or executive meeting. Exceptin limited conditions established by 2/3 of the members of such committee,records and reports received by the committee shall not be further disclosed.Unauthorized disclosure may subject such member to discipline or censure fromthe house of representatives or senate.
(f) Court order. Notwithstanding the provisions of this section, acourt of competent jurisdiction, after in camera inspection, may orderdisclosure of confidential law enforcement records pursuant to a determinationthat the disclosure is in the best interests of the child who is the subject ofthe reports or that the records are necessary for the proceedings of the courtand otherwise admissible as evidence. The court shall specify the terms ofdisclosure and impose appropriate limitations.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2213.Records of law enforcement agencies;limited disclosure; exchange of information; access; court ordereddisclosure.(a) Principle of limited disclosure. Information contained inconfidential law enforcement records concerning a child alleged or adjudicatedto be in need of care may be disclosed as provided in this section. Disclosureshall in all cases be guided by the principle of providing access only topersons or entities with a need for information that is directly related toachieving the purposes of this code.
(b) Free exchange of information. Pursuant toK.S.A. 2009 Supp.38-2210, and amendments thereto, a law enforcement agency shall participate inthe free exchange of information concerning a child who is alleged oradjudicated to be in need of care.
(c) Access to information in law enforcement records. In orderto discharge their official duties, the following persons or entities shallhave access to confidential law enforcement records concerning a child allegedor adjudicated to be in need of care.
(1) The court having jurisdiction over the proceedings, including thepresiding judge and any court personnel designated by the judge.
(2) The secretary.
(3) The commissioner of juvenile justice.
(4) Law enforcement officers or county or district attorneys or their staff.
(5) Any juvenile intake and assessment worker.
(6) Members of a court-appointed multidisciplinary team.
(7) Any other federal, state or local government executive branch entity,or any agent of such entity, having a need for such information in order tocarry out such entity's responsibilities under law to protect children fromabuse and neglect.
(8) Persons or entities allowed access pursuant to subsection (f) of K.S.A.2009 Supp. 38-2212, and amendments thereto.
(d) Necessary access. The following persons or entities shall haveaccess to information from law enforcement records when reasonably necessary tocarry out their lawful responsibilities, to maintain their personal safety andthe personal safety of individuals in their care, or to educate, diagnose,treat, care for or protect a child alleged or adjudicated to be in need ofcare. Information authorized to be disclosed in this subsection shall notcontain information which identifies a reporter of a child alleged oradjudicated to be a child in need of care.
(1) Any individual, or public or private agency authorized by a properlyconstituted authority to diagnose, care for, treat or supervise a child who isthe subject of a report or record of child abuse or neglect, includingphysicians, psychiatrists, nurses, nurse practitioners, psychologists, licensedsocial workers, child development specialists, physician assistants, communitymental health workers, alcohol and drug abuse counselors, and licensed orregistered child care providers.
(2) School administrators shall have access to but shall not copy lawenforcement records and may disclose information to teachers, paraprofessionalsand other school personnel as necessary to meet the educational needs of thechild or to protect the safety of students and school employees.
(3) The department of health and environment or persons authorized by thedepartment of health and environment pursuant to K.S.A. 65-512, and amendmentsthereto, for the purposes of carrying out responsibilities relating tolicensure or registration of child care providers as required by article 5 ofchapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(e) Legislative access. Information from law enforcement recordsof a child alleged or adjudicated to be in need of care shall be available tomembers of the standing house or senate committee on judiciary, house committeeon corrections and juvenile justice, house committee on appropriations, senatecommittee on ways and means, legislative post audit committee and any jointcommittee with authority to consider children's and families' issues, whencarrying out such member's or committee's official functions in accordance withK.S.A. 75-4319 and amendments thereto, in a closed or executive meeting. Exceptin limited conditions established by 2/3 of the members of such committee,records and reports received by the committee shall not be further disclosed.Unauthorized disclosure may subject such member to discipline or censure fromthe house of representatives or senate.
(f) Court order. Notwithstanding the provisions of this section, acourt of competent jurisdiction, after in camera inspection, may orderdisclosure of confidential law enforcement records pursuant to a determinationthat the disclosure is in the best interests of the child who is the subject ofthe reports or that the records are necessary for the proceedings of the courtand otherwise admissible as evidence. The court shall specify the terms ofdisclosure and impose appropriate limitations.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2213.Records of law enforcement agencies;limited disclosure; exchange of information; access; court ordereddisclosure.(a) Principle of limited disclosure. Information contained inconfidential law enforcement records concerning a child alleged or adjudicatedto be in need of care may be disclosed as provided in this section. Disclosureshall in all cases be guided by the principle of providing access only topersons or entities with a need for information that is directly related toachieving the purposes of this code.
(b) Free exchange of information. Pursuant toK.S.A. 2009 Supp.38-2210, and amendments thereto, a law enforcement agency shall participate inthe free exchange of information concerning a child who is alleged oradjudicated to be in need of care.
(c) Access to information in law enforcement records. In orderto discharge their official duties, the following persons or entities shallhave access to confidential law enforcement records concerning a child allegedor adjudicated to be in need of care.
(1) The court having jurisdiction over the proceedings, including thepresiding judge and any court personnel designated by the judge.
(2) The secretary.
(3) The commissioner of juvenile justice.
(4) Law enforcement officers or county or district attorneys or their staff.
(5) Any juvenile intake and assessment worker.
(6) Members of a court-appointed multidisciplinary team.
(7) Any other federal, state or local government executive branch entity,or any agent of such entity, having a need for such information in order tocarry out such entity's responsibilities under law to protect children fromabuse and neglect.
(8) Persons or entities allowed access pursuant to subsection (f) of K.S.A.2009 Supp. 38-2212, and amendments thereto.
(d) Necessary access. The following persons or entities shall haveaccess to information from law enforcement records when reasonably necessary tocarry out their lawful responsibilities, to maintain their personal safety andthe personal safety of individuals in their care, or to educate, diagnose,treat, care for or protect a child alleged or adjudicated to be in need ofcare. Information authorized to be disclosed in this subsection shall notcontain information which identifies a reporter of a child alleged oradjudicated to be a child in need of care.
(1) Any individual, or public or private agency authorized by a properlyconstituted authority to diagnose, care for, treat or supervise a child who isthe subject of a report or record of child abuse or neglect, includingphysicians, psychiatrists, nurses, nurse practitioners, psychologists, licensedsocial workers, child development specialists, physician assistants, communitymental health workers, alcohol and drug abuse counselors, and licensed orregistered child care providers.
(2) School administrators shall have access to but shall not copy lawenforcement records and may disclose information to teachers, paraprofessionalsand other school personnel as necessary to meet the educational needs of thechild or to protect the safety of students and school employees.
(3) The department of health and environment or persons authorized by thedepartment of health and environment pursuant to K.S.A. 65-512, and amendmentsthereto, for the purposes of carrying out responsibilities relating tolicensure or registration of child care providers as required by article 5 ofchapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(e) Legislative access. Information from law enforcement recordsof a child alleged or adjudicated to be in need of care shall be available tomembers of the standing house or senate committee on judiciary, house committeeon corrections and juvenile justice, house committee on appropriations, senatecommittee on ways and means, legislative post audit committee and any jointcommittee with authority to consider children's and families' issues, whencarrying out such member's or committee's official functions in accordance withK.S.A. 75-4319 and amendments thereto, in a closed or executive meeting. Exceptin limited conditions established by 2/3 of the members of such committee,records and reports received by the committee shall not be further disclosed.Unauthorized disclosure may subject such member to discipline or censure fromthe house of representatives or senate.
(f) Court order. Notwithstanding the provisions of this section, acourt of competent jurisdiction, after in camera inspection, may orderdisclosure of confidential law enforcement records pursuant to a determinationthat the disclosure is in the best interests of the child who is the subject ofthe reports or that the records are necessary for the proceedings of the courtand otherwise admissible as evidence. The court shall specify the terms ofdisclosure and impose appropriate limitations.
