Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2223.Reporting of certain abuse or neglect ofchildren; persons reporting; reports, made to whom; penalties; immunity fromliability.(a) Persons making reports. (1) When any of thefollowing persons has reason to suspect that a child has been harmed as aresult of physical, mental or emotional abuse or neglect or sexual abuse, theperson shall report the matter promptly as provided in subsections (b) and (c);
(A) The following persons providing medical care or treatment: Personslicensed to practice the healing arts, dentistry and optometry; personsengaged in postgraduate training programs approved by the state board ofhealing arts; licensed professional or practical nurses; and chiefadministrative officers of medical care facilities;
(B) the following persons licensed by the state to provide mental healthservices: Licensedpsychologists, licensed masters level psychologists, licensed clinicalpsychotherapists, licensed socialworkers, licensed marriage and family therapists, licensed clinical marriageand family therapists,licensed professional counselors, licensed clinical professional counselors andregistered alcohol anddrug abuse counselors;
(C) teachers, school administrators or other employees of an educationalinstitution whichthe child is attending and persons licensed by the secretary of health andenvironment to providechild care services or the employees of persons so licensed at the place wherethe child care servicesare being provided to the child; and
(D) firefighters, emergency medical services personnel, law enforcementofficers, juvenileintake and assessment workers, court services officers and communitycorrections officers, casemanagers appointed under K.S.A. 23-1001 et seq., and amendmentsthereto, andmediators appointed under K.S.A. 23-602, and amendments thereto.
(2) In addition to the reports required under subsection (a)(1), any personwho has reason tosuspect that a child may be a child in need of care may report the matter asprovided insubsection (b) and (c).
(b) Form of report. (1) The report may be made orally and shallbe followed by a written report ifrequested. Every report shall contain, if known: The names and addresses ofthe child and the child'sparents or other persons responsible for the child's care; the location of thechild if not at the child'sresidence; the child's gender, race and age; the reasons why the reportersuspects the child may bea child in need of care; if abuse or neglect or sexual abuse is suspected, thenature and extent of theharm to the child, including any evidence of previous harm; and any otherinformation that thereporter believes might be helpful in establishing the cause of the harm andthe identity of the persons responsible for the harm.
(2) When reporting a suspicion that a child may be in need of care, thereporter shall discloseprotected health information freely and cooperate fully with the secretary andlaw enforcementthroughout the investigation and any subsequent legal process.
(c) To whom made. Reports made pursuant to this section shall bemade to the secretary, except asfollows:
(1) When the department of social and rehabilitation services is not open forbusiness, reportsshall be made to the appropriate law enforcement agency. On the next day thatthe department isopen for business, the law enforcement agency shall report to the departmentany report received andany investigation initiated pursuant toK.S.A. 2009 Supp.38-2226,and amendments thereto. The reports may be madeorally or, on request of the secretary, in writing.
(2) Reports of child abuse or neglect occurring in an institution operated bythe secretary ofsocial and rehabilitation services or the commissioner ofjuvenile justice shall be made to theattorney general. All other reports of child abuse or neglect by personsemployed by or of childrenof persons employed by the department of social and rehabilitation servicesshall be made to theappropriate law enforcement agency.
(d) Death of child. Any person who is required by this section toreport a suspicion that a child isin need of care and who knows of information relating to the death of a childshall immediatelynotify the coroner as provided by K.S.A. 22a-242, and amendments thereto.
(e) Violations. (1) Willful and knowing failure to make a reportrequired bythis section is a class Bmisdemeanor. It is not a defense that another mandatory reporter made areport.
(2) Intentionally preventing or interfering with the making of a reportrequired by this sectionis a class B misdemeanor.
(3) Any person who willfullyand knowingly makes a false report pursuant to this section or makes a reportthat such person knows lacks factual foundation is guilty of a class Bmisdemeanor.
(f) Immunity from liability. Anyone who, without malice,participates in the making of areport to the secretary or a law enforcement agency relating to a suspicion achild may be a child inneed of care or who participates in any activity or investigation relating tothe report or whoparticipates in any judicial proceeding resulting from the report shall haveimmunity from any civilliability that might otherwise be incurred or imposed.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2223.Reporting of certain abuse or neglect ofchildren; persons reporting; reports, made to whom; penalties; immunity fromliability.(a) Persons making reports. (1) When any of thefollowing persons has reason to suspect that a child has been harmed as aresult of physical, mental or emotional abuse or neglect or sexual abuse, theperson shall report the matter promptly as provided in subsections (b) and (c);
(A) The following persons providing medical care or treatment: Personslicensed to practice the healing arts, dentistry and optometry; personsengaged in postgraduate training programs approved by the state board ofhealing arts; licensed professional or practical nurses; and chiefadministrative officers of medical care facilities;
(B) the following persons licensed by the state to provide mental healthservices: Licensedpsychologists, licensed masters level psychologists, licensed clinicalpsychotherapists, licensed socialworkers, licensed marriage and family therapists, licensed clinical marriageand family therapists,licensed professional counselors, licensed clinical professional counselors andregistered alcohol anddrug abuse counselors;
(C) teachers, school administrators or other employees of an educationalinstitution whichthe child is attending and persons licensed by the secretary of health andenvironment to providechild care services or the employees of persons so licensed at the place wherethe child care servicesare being provided to the child; and
(D) firefighters, emergency medical services personnel, law enforcementofficers, juvenileintake and assessment workers, court services officers and communitycorrections officers, casemanagers appointed under K.S.A. 23-1001 et seq., and amendmentsthereto, andmediators appointed under K.S.A. 23-602, and amendments thereto.
(2) In addition to the reports required under subsection (a)(1), any personwho has reason tosuspect that a child may be a child in need of care may report the matter asprovided insubsection (b) and (c).
(b) Form of report. (1) The report may be made orally and shallbe followed by a written report ifrequested. Every report shall contain, if known: The names and addresses ofthe child and the child'sparents or other persons responsible for the child's care; the location of thechild if not at the child'sresidence; the child's gender, race and age; the reasons why the reportersuspects the child may bea child in need of care; if abuse or neglect or sexual abuse is suspected, thenature and extent of theharm to the child, including any evidence of previous harm; and any otherinformation that thereporter believes might be helpful in establishing the cause of the harm andthe identity of the persons responsible for the harm.
(2) When reporting a suspicion that a child may be in need of care, thereporter shall discloseprotected health information freely and cooperate fully with the secretary andlaw enforcementthroughout the investigation and any subsequent legal process.
(c) To whom made. Reports made pursuant to this section shall bemade to the secretary, except asfollows:
(1) When the department of social and rehabilitation services is not open forbusiness, reportsshall be made to the appropriate law enforcement agency. On the next day thatthe department isopen for business, the law enforcement agency shall report to the departmentany report received andany investigation initiated pursuant toK.S.A. 2009 Supp.38-2226,and amendments thereto. The reports may be madeorally or, on request of the secretary, in writing.
(2) Reports of child abuse or neglect occurring in an institution operated bythe secretary ofsocial and rehabilitation services or the commissioner ofjuvenile justice shall be made to theattorney general. All other reports of child abuse or neglect by personsemployed by or of childrenof persons employed by the department of social and rehabilitation servicesshall be made to theappropriate law enforcement agency.
(d) Death of child. Any person who is required by this section toreport a suspicion that a child isin need of care and who knows of information relating to the death of a childshall immediatelynotify the coroner as provided by K.S.A. 22a-242, and amendments thereto.
(e) Violations. (1) Willful and knowing failure to make a reportrequired bythis section is a class Bmisdemeanor. It is not a defense that another mandatory reporter made areport.
(2) Intentionally preventing or interfering with the making of a reportrequired by this sectionis a class B misdemeanor.
(3) Any person who willfullyand knowingly makes a false report pursuant to this section or makes a reportthat such person knows lacks factual foundation is guilty of a class Bmisdemeanor.
(f) Immunity from liability. Anyone who, without malice,participates in the making of areport to the secretary or a law enforcement agency relating to a suspicion achild may be a child inneed of care or who participates in any activity or investigation relating tothe report or whoparticipates in any judicial proceeding resulting from the report shall haveimmunity from any civilliability that might otherwise be incurred or imposed.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2223.Reporting of certain abuse or neglect ofchildren; persons reporting; reports, made to whom; penalties; immunity fromliability.(a) Persons making reports. (1) When any of thefollowing persons has reason to suspect that a child has been harmed as aresult of physical, mental or emotional abuse or neglect or sexual abuse, theperson shall report the matter promptly as provided in subsections (b) and (c);
(A) The following persons providing medical care or treatment: Personslicensed to practice the healing arts, dentistry and optometry; personsengaged in postgraduate training programs approved by the state board ofhealing arts; licensed professional or practical nurses; and chiefadministrative officers of medical care facilities;
(B) the following persons licensed by the state to provide mental healthservices: Licensedpsychologists, licensed masters level psychologists, licensed clinicalpsychotherapists, licensed socialworkers, licensed marriage and family therapists, licensed clinical marriageand family therapists,licensed professional counselors, licensed clinical professional counselors andregistered alcohol anddrug abuse counselors;
(C) teachers, school administrators or other employees of an educationalinstitution whichthe child is attending and persons licensed by the secretary of health andenvironment to providechild care services or the employees of persons so licensed at the place wherethe child care servicesare being provided to the child; and
(D) firefighters, emergency medical services personnel, law enforcementofficers, juvenileintake and assessment workers, court services officers and communitycorrections officers, casemanagers appointed under K.S.A. 23-1001 et seq., and amendmentsthereto, andmediators appointed under K.S.A. 23-602, and amendments thereto.
(2) In addition to the reports required under subsection (a)(1), any personwho has reason tosuspect that a child may be a child in need of care may report the matter asprovided insubsection (b) and (c).
(b) Form of report. (1) The report may be made orally and shallbe followed by a written report ifrequested. Every report shall contain, if known: The names and addresses ofthe child and the child'sparents or other persons responsible for the child's care; the location of thechild if not at the child'sresidence; the child's gender, race and age; the reasons why the reportersuspects the child may bea child in need of care; if abuse or neglect or sexual abuse is suspected, thenature and extent of theharm to the child, including any evidence of previous harm; and any otherinformation that thereporter believes might be helpful in establishing the cause of the harm andthe identity of the persons responsible for the harm.
(2) When reporting a suspicion that a child may be in need of care, thereporter shall discloseprotected health information freely and cooperate fully with the secretary andlaw enforcementthroughout the investigation and any subsequent legal process.
(c) To whom made. Reports made pursuant to this section shall bemade to the secretary, except asfollows:
(1) When the department of social and rehabilitation services is not open forbusiness, reportsshall be made to the appropriate law enforcement agency. On the next day thatthe department isopen for business, the law enforcement agency shall report to the departmentany report received andany investigation initiated pursuant toK.S.A. 2009 Supp.38-2226,and amendments thereto. The reports may be madeorally or, on request of the secretary, in writing.
(2) Reports of child abuse or neglect occurring in an institution operated bythe secretary ofsocial and rehabilitation services or the commissioner ofjuvenile justice shall be made to theattorney general. All other reports of child abuse or neglect by personsemployed by or of childrenof persons employed by the department of social and rehabilitation servicesshall be made to theappropriate law enforcement agency.
(d) Death of child. Any person who is required by this section toreport a suspicion that a child isin need of care and who knows of information relating to the death of a childshall immediatelynotify the coroner as provided by K.S.A. 22a-242, and amendments thereto.
(e) Violations. (1) Willful and knowing failure to make a reportrequired bythis section is a class Bmisdemeanor. It is not a defense that another mandatory reporter made areport.
(2) Intentionally preventing or interfering with the making of a reportrequired by this sectionis a class B misdemeanor.
(3) Any person who willfullyand knowingly makes a false report pursuant to this section or makes a reportthat such person knows lacks factual foundation is guilty of a class Bmisdemeanor.
(f) Immunity from liability. Anyone who, without malice,participates in the making of areport to the secretary or a law enforcement agency relating to a suspicion achild may be a child inneed of care or who participates in any activity or investigation relating tothe report or whoparticipates in any judicial proceeding resulting from the report shall haveimmunity from any civilliability that might otherwise be incurred or imposed.
