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Statutes > Kansas > Chapter39 > Article14 > Statutes_16780

39-1436

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS

39-1436. Same; access to relevant records;confidentiality requirements.(a) As provided in this section, any person or agency which maintains recordsrelating to the involved adult which are relevant to any investigationconducted by the department of social and rehabilitation services or a lawenforcement agency under this act shall provide the department of social andrehabilitation services or a law enforcement agency with the necessary recordsto assist in investigations. In order to provide such records, the person oragency maintaining the records shall receive from the department of social andrehabilitation services:

(1) A written request for information;

(2) a written notice that an investigation is being conducted by thedepartment; and

(3) certification or confirmation that the department has sent written noticeto the involved adult or the involved adult's guardian. Any such informationshall be subject to the confidentiality requirements of K.S.A. 39-1434 andamendments thereto.

(b) The department of social and rehabilitation services or a law enforcementagency shall have access to all relevant records in accordance with theprovisions of subsection (a).

History: L. 1989, ch. 129, § 7;L. 2003, ch. 91, § 15;L. 2004, ch. 153, § 2; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter39 > Article14 > Statutes_16780

39-1436

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS

39-1436. Same; access to relevant records;confidentiality requirements.(a) As provided in this section, any person or agency which maintains recordsrelating to the involved adult which are relevant to any investigationconducted by the department of social and rehabilitation services or a lawenforcement agency under this act shall provide the department of social andrehabilitation services or a law enforcement agency with the necessary recordsto assist in investigations. In order to provide such records, the person oragency maintaining the records shall receive from the department of social andrehabilitation services:

(1) A written request for information;

(2) a written notice that an investigation is being conducted by thedepartment; and

(3) certification or confirmation that the department has sent written noticeto the involved adult or the involved adult's guardian. Any such informationshall be subject to the confidentiality requirements of K.S.A. 39-1434 andamendments thereto.

(b) The department of social and rehabilitation services or a law enforcementagency shall have access to all relevant records in accordance with theprovisions of subsection (a).

History: L. 1989, ch. 129, § 7;L. 2003, ch. 91, § 15;L. 2004, ch. 153, § 2; July 1.

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State Codes and Statutes

Statutes > Kansas > Chapter39 > Article14 > Statutes_16780

39-1436

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS

39-1436. Same; access to relevant records;confidentiality requirements.(a) As provided in this section, any person or agency which maintains recordsrelating to the involved adult which are relevant to any investigationconducted by the department of social and rehabilitation services or a lawenforcement agency under this act shall provide the department of social andrehabilitation services or a law enforcement agency with the necessary recordsto assist in investigations. In order to provide such records, the person oragency maintaining the records shall receive from the department of social andrehabilitation services:

(1) A written request for information;

(2) a written notice that an investigation is being conducted by thedepartment; and

(3) certification or confirmation that the department has sent written noticeto the involved adult or the involved adult's guardian. Any such informationshall be subject to the confidentiality requirements of K.S.A. 39-1434 andamendments thereto.

(b) The department of social and rehabilitation services or a law enforcementagency shall have access to all relevant records in accordance with theprovisions of subsection (a).

History: L. 1989, ch. 129, § 7;L. 2003, ch. 91, § 15;L. 2004, ch. 153, § 2; July 1.