Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2226.Investigation of reports; coordinationbetween agencies.(a) Investigation for child abuse or neglect. Thesecretary and lawenforcement officers shall have the duty to receive and investigate reports ofchild abuse or neglectfor the purpose of determining whether the report is valid and whether actionis required to protecta child. Any person or agency which maintains records relating to the involvedchild which arerelevant to any investigation conducted by the secretary or law enforcementagency under this codeshall provide the secretary or law enforcement agency with the necessaryrecords to assist in investigations. In order to provide such records, theperson or agency maintaining the records shallreceive from the secretary or law enforcement: (1) A written request forinformation; and (2) awritten notice that the investigation is being conducted by the secretary orlaw enforcement. If thesecretary and such officers determine that no action is necessary to protectthe child but that acriminal prosecution should be considered, such law enforcement officers shallmake a report of thecase to the appropriate law enforcement agency.
(b) Joint investigations. When a report of child abuse or neglectindicates: (1) That there isserious physical harm to, serious deterioration of or sexual abuse of thechild; and (2) that action maybe required to protect the child, the investigation shall be conducted as ajoint effort between thesecretary and the appropriate law enforcement agency or agencies, with a freeexchange ofinformation between them pursuant toK.S.A. 2009 Supp.38-2210, andamendmentsthereto. If astatement of a suspect is obtained by either agency, a copy of the statementshall be provided to theother.
(c) Investigation of certain cases. Suspected child abuse orneglect which occurs in aninstitution operated by the secretary shall be investigated by the attorneygeneral. Any othersuspected child abuse or neglect by persons employed by the department ofsocial and rehabilitationservices shall be investigated by the appropriate law enforcement agency.
(d) Coordination of investigations by county or district attorney.If a dispute developsbetween agencies investigating a reported case of child abuse or neglect, theappropriate county ordistrict attorney shall take charge of, direct and coordinate theinvestigation.
(e) Investigations concerning certain facilities. Anyinvestigation involving a facility subjectto licensing or regulation by the secretary of health and environment shall bepromptly reported tothe state secretary of health and environment.
(f) Cooperation between agencies. Law enforcement agencies andthe secretary shall assisteach other in taking action which is necessary to protect a child regardlessof whichagency conducted the initial investigation.
(g) Cooperation between school personnel and investigativeagencies. (1) Educational institutions, the secretary and lawenforcementagenciesshallcooperate witheach other in the investigation of reports of suspected child abuse or neglect.The secretary and lawenforcement agencies shall have access to a child in a setting designated byschool personnel on thepremises of an educational institution. Attendance at an interview conductedon such premises shallbe at the discretion of the agency conducting the interview, givingconsideration to the best interestsof the child. To the extent that safety and practical considerations allow,law enforcement officerson such premises for the purpose of investigating a report of suspected childabuse or neglect shallnot be in uniform.
(2) The secretary or a law enforcement officer may request the presence ofschool personnelduring an interview if the secretary or officer determines that the presence ofsuch person mightprovide comfort to the child or facilitate the investigation.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2226.Investigation of reports; coordinationbetween agencies.(a) Investigation for child abuse or neglect. Thesecretary and lawenforcement officers shall have the duty to receive and investigate reports ofchild abuse or neglectfor the purpose of determining whether the report is valid and whether actionis required to protecta child. Any person or agency which maintains records relating to the involvedchild which arerelevant to any investigation conducted by the secretary or law enforcementagency under this codeshall provide the secretary or law enforcement agency with the necessaryrecords to assist in investigations. In order to provide such records, theperson or agency maintaining the records shallreceive from the secretary or law enforcement: (1) A written request forinformation; and (2) awritten notice that the investigation is being conducted by the secretary orlaw enforcement. If thesecretary and such officers determine that no action is necessary to protectthe child but that acriminal prosecution should be considered, such law enforcement officers shallmake a report of thecase to the appropriate law enforcement agency.
(b) Joint investigations. When a report of child abuse or neglectindicates: (1) That there isserious physical harm to, serious deterioration of or sexual abuse of thechild; and (2) that action maybe required to protect the child, the investigation shall be conducted as ajoint effort between thesecretary and the appropriate law enforcement agency or agencies, with a freeexchange ofinformation between them pursuant toK.S.A. 2009 Supp.38-2210, andamendmentsthereto. If astatement of a suspect is obtained by either agency, a copy of the statementshall be provided to theother.
(c) Investigation of certain cases. Suspected child abuse orneglect which occurs in aninstitution operated by the secretary shall be investigated by the attorneygeneral. Any othersuspected child abuse or neglect by persons employed by the department ofsocial and rehabilitationservices shall be investigated by the appropriate law enforcement agency.
(d) Coordination of investigations by county or district attorney.If a dispute developsbetween agencies investigating a reported case of child abuse or neglect, theappropriate county ordistrict attorney shall take charge of, direct and coordinate theinvestigation.
(e) Investigations concerning certain facilities. Anyinvestigation involving a facility subjectto licensing or regulation by the secretary of health and environment shall bepromptly reported tothe state secretary of health and environment.
(f) Cooperation between agencies. Law enforcement agencies andthe secretary shall assisteach other in taking action which is necessary to protect a child regardlessof whichagency conducted the initial investigation.
(g) Cooperation between school personnel and investigativeagencies. (1) Educational institutions, the secretary and lawenforcementagenciesshallcooperate witheach other in the investigation of reports of suspected child abuse or neglect.The secretary and lawenforcement agencies shall have access to a child in a setting designated byschool personnel on thepremises of an educational institution. Attendance at an interview conductedon such premises shallbe at the discretion of the agency conducting the interview, givingconsideration to the best interestsof the child. To the extent that safety and practical considerations allow,law enforcement officerson such premises for the purpose of investigating a report of suspected childabuse or neglect shallnot be in uniform.
(2) The secretary or a law enforcement officer may request the presence ofschool personnelduring an interview if the secretary or officer determines that the presence ofsuch person mightprovide comfort to the child or facilitate the investigation.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2226.Investigation of reports; coordinationbetween agencies.(a) Investigation for child abuse or neglect. Thesecretary and lawenforcement officers shall have the duty to receive and investigate reports ofchild abuse or neglectfor the purpose of determining whether the report is valid and whether actionis required to protecta child. Any person or agency which maintains records relating to the involvedchild which arerelevant to any investigation conducted by the secretary or law enforcementagency under this codeshall provide the secretary or law enforcement agency with the necessaryrecords to assist in investigations. In order to provide such records, theperson or agency maintaining the records shallreceive from the secretary or law enforcement: (1) A written request forinformation; and (2) awritten notice that the investigation is being conducted by the secretary orlaw enforcement. If thesecretary and such officers determine that no action is necessary to protectthe child but that acriminal prosecution should be considered, such law enforcement officers shallmake a report of thecase to the appropriate law enforcement agency.
(b) Joint investigations. When a report of child abuse or neglectindicates: (1) That there isserious physical harm to, serious deterioration of or sexual abuse of thechild; and (2) that action maybe required to protect the child, the investigation shall be conducted as ajoint effort between thesecretary and the appropriate law enforcement agency or agencies, with a freeexchange ofinformation between them pursuant toK.S.A. 2009 Supp.38-2210, andamendmentsthereto. If astatement of a suspect is obtained by either agency, a copy of the statementshall be provided to theother.
(c) Investigation of certain cases. Suspected child abuse orneglect which occurs in aninstitution operated by the secretary shall be investigated by the attorneygeneral. Any othersuspected child abuse or neglect by persons employed by the department ofsocial and rehabilitationservices shall be investigated by the appropriate law enforcement agency.
(d) Coordination of investigations by county or district attorney.If a dispute developsbetween agencies investigating a reported case of child abuse or neglect, theappropriate county ordistrict attorney shall take charge of, direct and coordinate theinvestigation.
(e) Investigations concerning certain facilities. Anyinvestigation involving a facility subjectto licensing or regulation by the secretary of health and environment shall bepromptly reported tothe state secretary of health and environment.
(f) Cooperation between agencies. Law enforcement agencies andthe secretary shall assisteach other in taking action which is necessary to protect a child regardlessof whichagency conducted the initial investigation.
(g) Cooperation between school personnel and investigativeagencies. (1) Educational institutions, the secretary and lawenforcementagenciesshallcooperate witheach other in the investigation of reports of suspected child abuse or neglect.The secretary and lawenforcement agencies shall have access to a child in a setting designated byschool personnel on thepremises of an educational institution. Attendance at an interview conductedon such premises shallbe at the discretion of the agency conducting the interview, givingconsideration to the best interestsof the child. To the extent that safety and practical considerations allow,law enforcement officerson such premises for the purpose of investigating a report of suspected childabuse or neglect shallnot be in uniform.
(2) The secretary or a law enforcement officer may request the presence ofschool personnelduring an interview if the secretary or officer determines that the presence ofsuch person mightprovide comfort to the child or facilitate the investigation.
