Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2229.Investigation of abuse or neglect;subpoena; request to quash.(a) The secretary, a law enforcement officer, or amultidisciplinary teamappointed pursuant toK.S.A. 2009 Supp.38-2228, and amendments thereto, mayrequestdisclosure of documents,reports or information in regard to a child, who is the subject of a report ofabuse or neglect, bymaking a written verified application to the district court. Upon a finding bythe court that there isprobable cause to believe the information sought will assist in theinvestigation of a report of childabuse or neglect, the court may issue a subpoena, subpoena ducestecum or anorder for theproduction of the requested documents, reports or information and directing thedocuments, reportsor information to be delivered to the applicant at a specific time, date andplace.
(b) The time and date of delivery shall not be sooner than five days afterthe service of thesubpoena or order, excluding Saturdays, Sundays and holidays. The courtissuing the subpoena ororder shall keep all applications filed pursuant to this subsection and a copyof the subpoena or orderin a special file maintained for that purpose. Upon receiving service of asubpoena, subpoena ducestecum or an order for production pursuant to this section, the person oragency served shall give oralor written notice of service to any person known to have a right to assert aprivilege or assert a rightof confidentiality in regard to the documents, reports or information sought atleast three days beforethe date of delivery.
(c) Any parent, child, guardian ad litem, person or entitysubpoenaed orsubject to an orderof production or person or entity who claims a privilege or right ofconfidentiality may request inwriting that the court issuing the subpoena or order of production quash thesubpoena, subpoenaduces tecum or order for production issued pursuant to this section.The request shall automaticallystay the operation of the subpoena, subpoena duces tecum or orderforproduction and thedocuments, reports or information requested shall not be delivered until theissuing court has helda hearing to determine if the documents, reports or information are subject tothe claimed privilegeor right of confidentiality, and whether it is in the best interests of thechild for the subpoena or orderto produce to be honored. The request to quash shall be filed with thedistrict court issuing thesubpoena or order at least 24 hours prior to the specified time and date ofdelivery, excludingSaturdays, Sundays or holidays, and a copy of the written request must be givento the personsubpoenaed or subject to the order for production at least 24 hours prior tothe specified time anddate of delivery.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2229.Investigation of abuse or neglect;subpoena; request to quash.(a) The secretary, a law enforcement officer, or amultidisciplinary teamappointed pursuant toK.S.A. 2009 Supp.38-2228, and amendments thereto, mayrequestdisclosure of documents,reports or information in regard to a child, who is the subject of a report ofabuse or neglect, bymaking a written verified application to the district court. Upon a finding bythe court that there isprobable cause to believe the information sought will assist in theinvestigation of a report of childabuse or neglect, the court may issue a subpoena, subpoena ducestecum or anorder for theproduction of the requested documents, reports or information and directing thedocuments, reportsor information to be delivered to the applicant at a specific time, date andplace.
(b) The time and date of delivery shall not be sooner than five days afterthe service of thesubpoena or order, excluding Saturdays, Sundays and holidays. The courtissuing the subpoena ororder shall keep all applications filed pursuant to this subsection and a copyof the subpoena or orderin a special file maintained for that purpose. Upon receiving service of asubpoena, subpoena ducestecum or an order for production pursuant to this section, the person oragency served shall give oralor written notice of service to any person known to have a right to assert aprivilege or assert a rightof confidentiality in regard to the documents, reports or information sought atleast three days beforethe date of delivery.
(c) Any parent, child, guardian ad litem, person or entitysubpoenaed orsubject to an orderof production or person or entity who claims a privilege or right ofconfidentiality may request inwriting that the court issuing the subpoena or order of production quash thesubpoena, subpoenaduces tecum or order for production issued pursuant to this section.The request shall automaticallystay the operation of the subpoena, subpoena duces tecum or orderforproduction and thedocuments, reports or information requested shall not be delivered until theissuing court has helda hearing to determine if the documents, reports or information are subject tothe claimed privilegeor right of confidentiality, and whether it is in the best interests of thechild for the subpoena or orderto produce to be honored. The request to quash shall be filed with thedistrict court issuing thesubpoena or order at least 24 hours prior to the specified time and date ofdelivery, excludingSaturdays, Sundays or holidays, and a copy of the written request must be givento the personsubpoenaed or subject to the order for production at least 24 hours prior tothe specified time anddate of delivery.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2229.Investigation of abuse or neglect;subpoena; request to quash.(a) The secretary, a law enforcement officer, or amultidisciplinary teamappointed pursuant toK.S.A. 2009 Supp.38-2228, and amendments thereto, mayrequestdisclosure of documents,reports or information in regard to a child, who is the subject of a report ofabuse or neglect, bymaking a written verified application to the district court. Upon a finding bythe court that there isprobable cause to believe the information sought will assist in theinvestigation of a report of childabuse or neglect, the court may issue a subpoena, subpoena ducestecum or anorder for theproduction of the requested documents, reports or information and directing thedocuments, reportsor information to be delivered to the applicant at a specific time, date andplace.
(b) The time and date of delivery shall not be sooner than five days afterthe service of thesubpoena or order, excluding Saturdays, Sundays and holidays. The courtissuing the subpoena ororder shall keep all applications filed pursuant to this subsection and a copyof the subpoena or orderin a special file maintained for that purpose. Upon receiving service of asubpoena, subpoena ducestecum or an order for production pursuant to this section, the person oragency served shall give oralor written notice of service to any person known to have a right to assert aprivilege or assert a rightof confidentiality in regard to the documents, reports or information sought atleast three days beforethe date of delivery.
(c) Any parent, child, guardian ad litem, person or entitysubpoenaed orsubject to an orderof production or person or entity who claims a privilege or right ofconfidentiality may request inwriting that the court issuing the subpoena or order of production quash thesubpoena, subpoenaduces tecum or order for production issued pursuant to this section.The request shall automaticallystay the operation of the subpoena, subpoena duces tecum or orderforproduction and thedocuments, reports or information requested shall not be delivered until theissuing court has helda hearing to determine if the documents, reports or information are subject tothe claimed privilegeor right of confidentiality, and whether it is in the best interests of thechild for the subpoena or orderto produce to be honored. The request to quash shall be filed with thedistrict court issuing thesubpoena or order at least 24 hours prior to the specified time and date ofdelivery, excludingSaturdays, Sundays or holidays, and a copy of the written request must be givento the personsubpoenaed or subject to the order for production at least 24 hours prior tothe specified time anddate of delivery.
