Revised Kansas Code for Care of Children
K.S.A. Chapter 38, Article 22.
Current Through End of 2008 Legislative Session
38-2201. Citation; construction of code; policy of state.
38-2202. Definitions.
38-2203. Jurisdiction; age of child, presumptions.
38-2204. Venue.
38-2205. Right to counsel; guardian ad litem.
38-2206. Appointment of special advocate.
38-2207. Citizen review boards; members.
38-2208. Same; duties and powers.
38-2209. Confidentiality of child in need of care records; penalties; immunities.
38-2210. Parties exchanging information.
38-2211. Access to official and social file; preservation of records.
38-2212. Appropriate and necessary access; exchange of information; court ordered disclosure; limited public information.
38-2213. Records of law enforcement agencies; limited disclosure; exchange of information; access; court ordered disclosure.
38-2214. Duties of county or district attorney.
38-2215. Docket fee and expenses.
38-2216. Expense of care and custody of child.
38-2217. Health services.
38-2218. Educational decisions; educational advocates for exceptional children.
38-2219. Evaluation of development or needs of child.
38-2220. Parentage.
38-2221. Fingerprints and photographs.
38-2222. Public information and educational program; reporting of suspected abuse or neglect.
38-2223. Reporting of certain abuse or neglect of children; persons reporting; reports, made to whom; penalties; immunity from liability.
38-2224. Same; employer prohibited from imposing sanctions on employee making report or cooperating in investigation; penalty.
38-2225. Same; reporting of certain abuse or neglect of children in institutions operated by the secretary; rules and regulations.
38-2226. Investigation of reports; coordination between agencies.
38-2227. Child advocacy centers.
38-2228. Multidisciplinary team.
38-2229. Investigation of abuse or neglect; subpoena; request to quash.
38-2230. Same; duties of SRS.
38-2231. Child under 18, when law enforcement officers or court services officers may take into custody; sheltering a runaway.
38-2232. Child under 18 taken into custody; duties of officers; referral of cases for proceedings under this code and interstate compact on juveniles; placed in shelter facility or with other person; application of law enforcement officer; release of child.
38-2233. Filing of petition on referral by SRS or other person; filing by individual.
38-2234. Pleadings.
38-2235. Procedure upon filing of petition.
38-2236. Summons; persons to be served; notice of hearing.
38-2237. Service of process.
38-2238. Proof of service.
38-2239. Service of other pleadings.
38-2240. Subpoenas; witness fees.
38-2241. Additional parties.
38-2242. Ex parte orders of protective custody; application; determination of probable cause; period of time; placement; procedures; orders for removal of child from custody of parent, limitations.
38-2243. Orders of temporary custody; notice; hearing; procedure; findings; placement; orders for removal of child from custody of parent, limitations.
38-2244. Order for informal supervision; restraining orders.
38-2245. Discovery.
38-2246. Continuances.
38-2247. Attendance at proceedings; confidentiality.
38-2248. Stipulations and no contest statements.
38-2249. Rules of evidence.
38-2250. Degree of proof.
38-2251. Adjudication.
38-2252. Predispositional alternative; placement with person other than child's parent; conference; recommendations; immunity.
38-2253. Dispositional hearing; purpose; time.
38-2254. Same; notice.
38-2255. Authorized dispositions.
38-2256. Rehearing.
38-2257. Permanency planning at disposition.
38-2258. Change of placement; removal from home of parent, findings by court.
38-2259. Emergency change of placement; removal from home of parent, findings of court.
38-2260. Placement; order directing child to remain in present or future placement, application for determination that child has violated order; procedure; authorized dispositions; limitations on facilities used for placement; computation of time limitations.
38-2261. Reports made by foster parents.
38-2262. Placement; testimony of certain children.
38-2263. Permanency planning.
38-2264. Permanency hearing; purpose; procedure; time for hearing.
38-2265. Same; notice.
38-2266. Request for termination of parental rights or appointment of permanent custodian.
38-2267. Procedure upon receipt of request.
38-2268. Voluntary relinquishment; voluntary permanent custodianship; consent to adoption.
38-2269. Factors to be considered in termination of parental rights; appointment of permanent custodian.
38-2270. Custody for adoption.
38-2271. Presumption of unfitness, when; burden of proof.
38-2272. Appointment of permanent custodian.
38-2273. Appeals; procedure; verification.
38-2274. Temporary orders pending appeal; status of orders appealed from.
38-2275. Fees and expenses.
38-2276. Prohibiting detainment or placement of child in jail.
38-2277. Determination of child support.
38-2278. Journal entry for child support.
38-2279. Withholding order for child support; filing; service.
38-2280. Remedies supplemental not substitute.
38-2281. Family services and community intervention fund; child in need of care, purpose of expenditure of moneys.
38-2282. Newborn infant protection act.
38-2283. Application to existing cases.
38-2201. Citation; construction of code; policy of state.
K.S.A. 2007 Supp. 38-2201 through 38-2283, and amendments thereto, shall be known as and may be cited as the revised Kansas code for care of children.
(a) Proceedings pursuant to this code shall be civil in nature and all proceedings, orders, judgments and decrees shall be deemed to be pursuant to the parental power of the state.
(b) The code shall be liberally construed to carry out the policies of the state which are to:
(1) Consider the safety and welfare of a child to be paramount in all proceedings under the code;
(2) provide that each child who comes within the provisions of the code shall receive the care, custody, guidance control and discipline that will best serve the child's welfare and the interests of the state, preferably in the child's home and recognizing that the child's relationship with such child's family is important to the child's well being;
(3) make the ongoing physical, mental and emotional needs of the child decisive considerations in proceedings under this code;
(4) acknowledge that the time perception of a child differs from that of an adult and to dispose of all proceedings under this code without unnecessary delay;
(5) encourage the reporting of suspected child abuse and neglect;
(6) investigate reports of suspected child abuse and neglect thoroughly and promptly;
(7) provide for the protection of children who have been subject to physical, mental or emotional abuse or neglect or sexual abuse;
(8) provide preventative and rehabilitative services, when appropriate, to abused and neglected children and their families so, if possible, the families can remain together without further threat to the children;
(9) provide stability in the life of a child who must be removed from the home of a parent; and
(10) place children in permanent family settings, in absence of compelling reasons to the contrary.
(c) Nothing in this code shall be construed to permit discrimination on the basis of disability.
(1) The disability of a parent shall not constitute a basis for a determination that a child is a child in need of care, for the removal of custody of a child from the parent, or for the termination of parental rights without a specific showing that there is a causal relation between the disability and harm to the child.
(2) In cases involving a parent with a disability, determinations made under this code shall consider the availability and use of accommodations for the disability, including adaptive equipment and support services.
History: L. 2006, ch. 200, § 1; Jan. 1, 2007.
As used in the revised Kansas code for care of children, unless the context otherwise indicates:
(a) "Abandon" or "abandonment" means to forsake, desert or, without making appropriate provision for substitute care, cease providing care for the child.
(b) "Adult correction facility" means any public or private facility, secure or nonsecure, which is used for the lawful custody of accused or convicted adult criminal offenders.
(c) "Aggravated circumstances" means the abandonment, torture, chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
(d) "Child in need of care" means a person less than 18 years of age at the time of filing of the petition or issuance of an ex parte protective custody order pursuant to K.S.A. 2007 Supp. 38-2242, and amendments thereto, who:
(1) Is without adequate parental care, control or subsistence and the condition is not due solely to the lack of financial means of the child's parents or other custodian;
(2) is without the care or control necessary for the child's physical, mental or emotional health;
(3) has been physically, mentally or emotionally abused or neglected or sexually abused;
(4) has been placed for care or adoption in violation of law;
(5) has been abandoned or does not have a known living parent;
(6) is not attending school as required by K.S.A. 72-977 or 72-1111, and amendments thereto;
(7) except in the case of a violation of K.S.A. 21-4204a, 41-727, subsection (j) of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amendments thereto, or, except as provided in paragraph (12), does an act which, when committed by a person under 18 years of age, is prohibited by state law, city ordinance or county resolution but which is not prohibited when done by an adult;
(8) while less than 10 years of age, commits any act which if done by an adult would constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3105, and amendments thereto;
(9) is willfully and voluntarily absent from the child's home without the consent of the child's parent or other custodian;
(10) is willfully and voluntarily absent at least a second time from a court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed or, if the child is placed in a facility, without the consent of the person in charge of such facility or such person's designee;
(11) has been residing in the same residence with a sibling or another person under 18 years of age, who has been physically, mentally or emotionally abused or neglected, or sexually abused;
(12) while less than 10 years of age commits the offense defined in K.S.A. 21-4204a, and amendments thereto; or
(13) has had a permanent custodian appointed and the permanent custodian is no longer able or willing to serve.
(e) "Citizen review board" is a group of community volunteers appointed by the court and whose duties are prescribed by K.S.A. 2007 Supp. 38-2207 and 38-2208, and amendments thereto.
(f) "Court-appointed special advocate" means a responsible adult other than an attorney guardian ad litem who is appointed by the court to represent the best interests of a child, as provided in K.S.A. 2007 Supp. 38-2206, and amendments thereto, in a proceeding pursuant to this code.
(g) "Custody" whether temporary, protective or legal, means the status created by court order or statute which vests in a custodian, whether an individual or an agency, the right to physical possession of the child and the right to determine placement of the child, subject to restrictions placed by the court.
(h) "Extended out of home placement" means a child has been in the custody of the secretary and placed with neither parent for 15 of the most recent 22 months beginning 60 days after the date at which a child in the custody of the secretary was removed from the home.
(i) "Educational institution" means all schools at the elementary and secondary levels.
(j) "Educator" means any administrator, teacher or other professional or paraprofessional employee of an educational institution who has exposure to a pupil specified in subsection (a) of K.S.A. 72-89b03, and amendments thereto.
(k) "Harm" means physical or psychological injury or damage.
(l) "Interested party" means the grandparent of the child, a person with whom the child has been living for a significant period of time when the child in need of care petition is filed, and any person made an interested party by the court pursuant to K.S.A. 2007 Supp. 38-2241, and amendments thereto or Indian tribe seeking to intervene that is not a party.
(m) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building or on the same grounds as an adult jail or lockup, unless the facility meets all applicable standards and licensure requirements under law and there is: (A) Total separation of the juvenile and adult facility spatial areas such that there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities; (B) total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping and general living activities; and (C) separate juvenile and adult staff, including management, security staff and direct care staff such as recreational, educational and counseling.
(n) "Juvenile detention facility" means any secure public or private facility used for the lawful custody of accused or adjudicated juvenile offenders which must not be a jail.
(o) "Juvenile intake and assessment worker" means a responsible adult authorized to perform intake and assessment services as part of the intake and assessment system established pursuant to K.S.A. 75-7023, and amendments thereto.
(p) "Kinship care" means the placement of a child in the home of the child's relative or in the home of another adult with whom the child or the child's parent already has a close emotional attachment.
(q) "Law enforcement officer" means any person who by virtue of office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.
(r) "Multidisciplinary team" means a group of persons, appointed by the court under K.S.A. 2007 Supp. 38-2228, and amendments thereto, which has knowledge of the circumstances of a child in need of care.
(s) "Neglect" means acts or omissions by a parent, guardian or person responsible for the care of a child resulting in harm to a child, or presenting a likelihood of harm, and the acts or omissions are not due solely to the lack of financial means of the child's parents or other custodian. Neglect may include, but shall not be limited to:
(1) Failure to provide the child with food, clothing or shelter necessary to sustain the life or health of the child;
(2) failure to provide adequate supervision of a child or to remove a child from a situation which requires judgment or actions beyond the child's level of maturity, physical condition or mental abilities and that results in bodily injury or a likelihood of harm to the child; or
(3) failure to use resources available to treat a diagnosed medical condition if such treatment will make a child substantially more comfortable, reduce pain and suffering, or correct or substantially diminish a crippling condition from worsening. A parent legitimately practicing religious beliefs who does not provide specified medical treatment for a child because of religious beliefs shall not for that reason be considered a negligent parent; however, this exception shall not preclude a court from entering an order pursuant to subsection (a)(2) of K.S.A. 2007 Supp. 38-2217, and amendments thereto.
(t) "Parent" when used in relation to a child or children, includes a guardian and every person who is by law liable to maintain, care for or support the child.
(u) "Party" means the state, the petitioner, the child, any parent of the child and an Indian child’s tribe intervening pursuant to the Indian child welfare act.
(v) "Permanency goal" means the outcome of the permanency planning process which may be reintegration, adoption, appointment of a permanent custodian or another planned permanent living arrangement.
(w) "Permanent custodian" means a judicially approved permanent guardian of a child pursuant to K.S.A. 2007 Supp. 38-2272, and amendments thereto.
(x) "Physical, mental or emotional abuse" means the infliction of physical, mental or emotional harm or the causing of a deterioration of a child and may include, but shall not be limited to, maltreatment or exploiting a child to the extent that the child's health or emotional well-being is endangered.
(y) "Placement" means the designation by the individual or agency having custody of where and with whom the child will live.
(z) "Relative" means a person related by blood, marriage or adoption but, when referring to a relative of a child's parent, does not include the child's other parent.
(aa) "Secretary" means the secretary of social and rehabilitation services or the secretary's designee.
(bb) "Secure facility" means a facility which is operated or structured so as to ensure that all entrances and exits from the facility are under the exclusive control of the staff of the facility, whether or not the person being detained has freedom of movement within the perimeters of the facility, or which relies on locked rooms and buildings, fences or physical restraint in order to control behavior of its residents. No secure facility shall be in a city or county jail.
(cc) "Sexual abuse" means any contact or interaction with a child in which the child is being used for the sexual stimulation of the perpetrator, the child or another person. Sexual abuse shall include allowing, permitting or encouraging a child to engage in prostitution or to be photographed, filmed or depicted in pornographic material.
(dd) "Shelter facility" means any public or private facility or home other than a juvenile detention facility that may be used in accordance with this code for the purpose of providing either temporary placement for children in need of care prior to the issuance of a dispositional order or longer term care under a dispositional order.
(ee) "Youth residential facility" means any home, foster home or structure which provides 24-hour-a-day care for children and which is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2006, ch. 200, § 2; L. 2008, ch. 169, § 1; July 1.
38-2203. Jurisdiction; age of child, presumptions.
(a) Proceedings concerning any child who may be a child in need of care shall be governed by this code, except in those instances when the court knows or has reason to know that an Indian child is involved in the proceeding, in which case,the Indian child welfare act of 1978 (25 U.S.C. §1901 et seq.) applies. The Indian child welfare act may apply to: The filing to initiate a child in need of care proceeding (K.S.A. 2007 Supp. 38-2234, and amendments thereto); ex parte custody orders (K.S.A. 2007 Supp. 38-2242, and amendments thereto); temporary custody hearing (K.S.A. 2007 Supp. 38-2243, and amendments thereto); adjudication (K.S.A. 2007 Supp. 38-2247, and amendments thereto); burden of proof (K.S.A. 2007 Supp. 38-2250, and amendments thereto); disposition (K.S.A. 2007 Supp. 38-2255, and amendments thereto); permanency hearings (K.S.A. 2007 Supp. 38-2264, and amendments thereto); termination of parental rights (K.S.A. 2007 Supp. 38-2267, 38-2268 and 38-2269, and amendments thereto); establishment of permanent custodianship (K.S.A. 2007 Supp. 38-2268 and 38-2272, and amendments thereto); the placement of a child in any foster, pre-adoptive and adoptive home and the placement of a child in a guardianship arrangement under chapter 59, article 30 of the Kansas Statutes Annotated, and amendments thereto.
(b) Subject to the uniform child custody jurisdiction and enforcement act, K.S.A. 38-1336 through 38-1377, and amendments thereto, the district court shall have original jurisdiction of proceedings pursuant to this code.
(c) The court acquires jurisdiction over a child by the filing of a petition pursuant to this code or upon issuance of an ex parte order pursuant to K.S.A. 2007 Supp. 38-2242, and amendments thereto. When the court acquires jurisdiction over a child in need of care, jurisdiction may continue until the child has: (1) Attained the age of 21 years; (2) been adopted; or (3) been discharged by the court. Any child 18 years of age or over may request, in writing to the court, that the jurisdiction of the court cease. The court shall give notice of the request to all parties and interested parties and 30 days after receipt of the request, jurisdiction will cease.
(d) When it is no longer appropriate for the court to exercise jurisdiction over a child, the court, upon its own motion or the motion of a party or interested party at a hearing or upon agreement of all parties or interested parties, shall enter an order discharging the child. Except upon request of the child pursuant to subsection (c), the court shall not enter an order discharging a child until June 1 of the school year during which the child becomes 18 years of age if the child is in an out-of-home placement, is still attending high school and has not completed the child's high school education.
(e) When a petition is filed under this code, a person who is alleged to be under 18 years of age shall be presumed to be under that age for the purposes of this code, unless the contrary is proved.
History: L. 2006, ch. 200, § 3; L. 2008, ch. 169, § 2; July 1.
(a) Venue of any case involving a child in need of care shall be in the county of the child's residence or in the county where the child is found.
(b) Upon application of any party or interested party and after notice to all other parties and interested parties, the court in which the petition was originally filed alleging that a child is a child in need of care may order the proceedings transferred to the court of the county where: (1) The child is physically present; (2) the parent or parents reside; or (3) other proceedings are pending in this state concerning custody of the child. The judge of the court in which the case is pending shall consult with the judge of the proposed receiving court prior to transfer of the case. If the judges do not agree that the case should be transferred or if a hearing is requested, a hearing shall be held on the desirability of the transfer, with notice to parties or interested parties, the secretary and the proposed receiving court. If the judge of the transferring court orders the case transferred, the order of transfer shall include findings stating why the case is being transferred and, if available, the names and addresses of all interested parties to whom the receiving court should provide notice of any further proceedings. The receiving court shall accept the case. Upon a judge ordering a transfer of venue, the clerk shall transmit the contents of the official file and a complete copy of the social file to the court to which venue is transferred, and, upon receipt of the record, the receiving court shall assume jurisdiction as if the proceedings were originally filed in that court. The transferring judge, if an adjudicatory hearing has been held, shall also transmit recommendations as to disposition. The court may return the case to the court where it originated if the child is not present in the receiving county or, the receiving county is not the residence of the child's parent or parents.
History: L. 2006, ch. 200, § 4; Jan. 1, 2007.
38-2205. Right to counsel; guardian ad litem.
(a) Appointment of guardian ad litem and attorney for child; duties. Upon the filing of a petition, the court shall appoint an attorney to serve as guardian ad litem for a child who is the subject of proceedings under this code. The guardian ad litem shall make an independent investigation of the facts upon which the petition is based and shall appear for and represent the best interests of the child. When the child's position is not consistent with the determination of the guardian ad litem as to the child's best interests, the guardian ad litem shall inform the court of the disagreement. The guardian ad litem or the child may request the court to appoint a second attorney to serve as attorney for the child, and the court, on good cause shown, may appoint such second attorney. The attorney for the child shall allow the child and the guardian ad litem to communicate with one another but may require such communications to occur in the attorney's presence.
(b) Attorney for parent or custodian. A parent of a child alleged or adjudged to be a child in need of care may be represented by an attorney, in connection with all proceedings under this code. At the first hearing in connection with proceedings under this code, the court shall distribute a pamphlet, designed by the court, to the parents of a child alleged or adjudged to be a child in need of care, to advise the parents of their rights in connection with all proceedings under this code.
(1) If at any stage of the proceedings a parent desires but is financially unable to employ an attorney, the court shall appoint an attorney for the parent. It shall not be necessary to appoint an attorney to represent a parent who fails or refuses to attend the hearing after having been properly served with process in accordance with K.S.A. 2007 Supp. 38-2237, and amendments thereto. A parent or custodian who is not a minor, a mentally ill person or a disabled person may waive counsel either in writing or on the record.
(2) The court shall appoint an attorney for a parent who is a minor, a mentally ill person or a disabled person unless the court determines that there is an attorney retained who will appear and represent the interests of the person in the proceedings under this code.
(3) As used in this subsection: (A) "Mentally ill person" shall have the meaning ascribed thereto in K.S.A. 59-2946, and amendments thereto; and (B) "disabled person" shall have the meaning ascribed thereto in K.S.A. 77-201, and amendments thereto.
(c) Attorney for interested parties. A person who, pursuant to K.S.A. 2007 Supp. 38-2241, and amendments thereto, is an interested party in a proceeding involving a child alleged to be a child in need of care may be represented by an attorney in connection with all proceedings under this code. At the first hearing in connection with proceedings under this code, the court shall distribute a pamphlet, designed by the court, to interested parties in a proceeding involving a child alleged or adjudged to be a child in need of care, to advise interested parties of their rights in connection with all proceedings under this code. It shall not be necessary to appoint an attorney to represent an interested party who fails or refuses to attend the hearing after having been properly served with process in accordance with K.S.A. 2007 Supp. 38-2237, and amendments thereto. If at any stage of the proceedings a person who is an interested party under subsection (d) of K.S.A. 2007 Supp. 38-2241, and amendments thereto, desires but is financially unable to employ an attorney, the court may appoint an attorney for the interested party.
(d) Continuation of representation. A guardian ad litem appointed to represent the best interests of a child or a second attorney appointed for a child as provided in subsection (a), or an attorney appointed for a parent or custodian shall continue to represent the client at all subsequent hearings in proceedings under this code, including any appellate proceedings, unless relieved by the court upon a showing of good cause or upon transfer of venue.
(e) Fees for counsel. An attorney appointed pursuant to this section shall be allowed a reasonable fee for services, which may be assessed as an expense in the proceedings as provided in K.S.A. 2007 Supp. 38-2215, and amendments thereto.
History: L. 2006, ch. 200, § 5; Jan. 1, 2007.
38-2206. Appointment of special advocate.
(a) The court at any stage of a proceeding pursuant to this code may appoint a special advocate for the child who shall serve until discharged by the court and whose primary duties shall be to advocate the best interests of the child and assist the child in obtaining a permanent, safe and homelike placement. The court-appointed special advocate shall have such qualifications and perform such specific duties and responsibilities as prescribed by rule of the supreme court.
(b) Any person participating in a judicial proceeding as a court-appointed special advocate shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any civil liability that otherwise might be incurred or imposed.
History: L. 2006, ch. 200, § 6; Jan. 1, 2007.
38-2207. Citizen review boards; members.
(a) Subject to the availability of funds in the permanent families account of the family and children investment fund for citizen review boards, and subject to a request from a judicial district, there shall be citizen review boards in judicial districts, or portions of such districts.
(b) The chief judge of the judicial district, or another judge designated by the chief judge, shall appoint three to seven citizens from the community to serve on each citizen review board. Such members shall represent the various socioeconomic and ethnic groups of the judicial district, and shall have a special interest in children. Such judge may also appoint alternates when necessary.
(c) The term of appointment shall be two years and members may be reappointed.
(d) Members shall serve without compensation but may be reimbursed for mileage for out-of-county reviews.
(e) Each citizen review board shall meet quarterly and may meet monthly if the number of cases to review requires such meetings.
(f) Members and alternates appointed to citizen review boards shall receive at least six hours of training before reviewing a case.
History: L. 2006, ch. 200, § 7; Jan. 1, 2007.
38-2208. Same; duties and powers.
(a) The citizen review board shall have the duty, authority and power to:
(1) Review each case referred to them, and such additional cases as the board deems appropriate, of a child who is the subject of a child in need of care petition or who has been adjudicated a child in need of care, receive verbal information from all persons with pertinent knowledge of the case and have access to materials contained in the court's files on the case;
(2) determine the progress which has been made to acquire a permanent home for the child in need of care;
(3) suggest an alternative case goal if progress has been insufficient; and
(4) make recommendations to the judge regarding further actions on the case.
(b) The initial review by the citizen review board may take place any time after a petition is filed for a child in need of care.
(c) The citizen review board will review each referred case at least once each year.
(d) The judge shall consider the citizen review board recommendations in making an authorized dispositional order pursuant to K.S.A. 2007 Supp. 38-2255, and amendments thereto, and may incorporate the citizen review board's recommendations into an order in lieu of a hearing.
(e) Three members of the citizen review board shall be present to review a case.
(f) The court shall provide a place for the reviews to be held. The citizen review board members shall travel to the county of the family residence of the child being reviewed to hold the review.
History: L. 2006, ch. 200, § 8; Jan. 1, 2007.
38-2209. Confidentiality of child in need of care records; penalties; immunities.
(a) Confidentiality requirements. In order to protect the privacy of children who are the subject of a child in need of care record or report, the records identified in this section shall be confidential and shall not be disclosed except as provided in K.S.A. 2007 Supp. 38-2210 through 38-2213, and amendments thereto. Confidential records that are disclosed pursuant to K.S.A. 2007 Supp. 38-2210 through 38-2213, and amendments thereto, shall not be further disclosed except to persons or entities authorized to receive them as provided in those sections, or by being presented as admissible evidence.
(1) Court records. Court records include both the official file and the social file.
(A) Official file. The official file of proceedings pursuant to this code shall consist of the pleadings, process, service of process, orders, writs and journal entries reflecting hearings held and judgments and decrees entered by the court. The official file shall be kept separate from other records of the court.
(B) Social file. The social file of proceedings pursuant to this code shall consist of reports and information received by the court, other than the official file. The social file shall be kept separate from other records of the court.
(2) Agency records. Agency records shall consist of all records and reports in the possession or control of the secretary or any agent of the secretary or of a juvenile intake and assessment agency concerning children alleged or adjudicated to be in need of care.
(3) Law enforcement records. Law enforcement records shall consist of all records and reports in the possession of a law enforcement agency concerning children alleged or adjudicated to be in need of care and shall, to the extent practical, be kept separate from other records held by a law enforcement agency.
(b) Penalties for improper disclosure of confidential records. No individual, association, partnership, corporation or other entity shall willfully or knowingly disclose, permit or encourage disclosure of the contents of records or reports in violation of the confidentiality requirements of this section. The court in a child in need of care proceeding may impose a civil penalty of up to $1,000 on any person or entity that violates this section. Violation of this section is a class A nonperson misdemeanor.
(c) Immunity. The following immunities shall apply to the disclosure of confidential information:
(1) Anyone who participates in providing or receiving information without malice under the provisions of K.S.A. 2007 Supp. 38-2210 through 38-2213, and amendments thereto, shall have immunity from any civil liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceedings resulting from providing or receiving information.
(2) The sharing of any information pursuant to this code by any person licensed or registered by the behavioral science regulatory board shall not be subject to review under any rules or regulations adopted by the behavioral sciences regulatory board.
(d) Risk of harm to child or others. Access to or disclosure of information pursuant to K.S.A. 2007 Supp. 38-2210 through 38-2213, and amendments thereto, is not required if the person or entity in possession of a record or report has reason to believe the person requesting such information may harm a child or other person as a result of such access or disclosure. The court may enter an order compelling or prohibiting access to, or disclosure of information.
History: L. 2004, ch. 178, § 1; July 1.
38-2210. Parties exchanging information.
To facilitate investigation and ensure the provision of necessary services to children who may be in need of care and such children's families, the following persons and entities with responsibilities concerning a child who is alleged or adjudicated to be in need of care shall freely exchange information:
(a) The secretary.
(b) The commissioner of juvenile justice.
(c) The law enforcement agency receiving such report.
(d) Members of a court appointed multidisciplinary team.
(e) An entity mandated by federal law or an agency of any state authorized to receive and investigate reports of a child known or suspected to be in need of care.
(f) A military enclave or Indian tribal organization authorized to receive and investigate reports of a child known or suspected to be in need of care.
(g) A county or district attorney with responsibility for filing a petition pursuant to K.S.A. 2007 Supp. 38-2214, and amendments thereto.
(h) A court services officer who has taken a child into custody pursuant to K.S.A. 2007 Supp. 38-2231, and amendments thereto.
(i) An intake and assessment worker.
(j) Any community corrections program which has the child under court ordered supervision.
(k) The department of health and environment or persons authorized by the department of health and environment pursuant to K.S.A. 65-512, and amendments thereto, for the purpose of carrying out responsibilities relating to licensure or registration of child care providers as required by article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2004, ch. 178, § 2; July 1.
38-2211. Access to official and social file; preservation of records.
(a) Access to the official file. The following persons or entities shall have access to the official file of a child in need of care proceeding pursuant to this code:
(1) The court having jurisdiction over the proceedings, including the presiding judge and any court personnel designated by the judge.
(2) The parties to the proceedings and their attorneys.
(3) The guardian ad litem for a child who is the subject of the proceeding.
(4) A court appointed special advocate for a child who is the subject of the proceeding or a paid staff member of a court appointed special advocate program.
(5) Any individual, or any public or private agency or institution, having custody of the child under court order or providing educational, medical or mental health services to the child or any placement provider or potential placement provider as determined by the secretary or court services officer.
(6) A citizen review board.
(7) The commissioner of juvenile justice or any agents designated by the commissioner.
(8) Any other person when authorized by a court order, subject to any conditions imposed by the order.
(9) The commission on judicial performance in the discharge of the commission’s duties pursuant to article 32 of chapter 20 of the Kansas Statutes Annotated, and amendments thereto.
(b) Access to the social file. The following persons or entities shall have access to the social file of a child in need of care proceeding pursuant to this code:
(1) The court having jurisdiction over the proceeding, including the presiding judge and any court personnel designated by the judge.
(2) The attorney for a party to the proceedingor the person or persons designated by an Indian tribe that is a party.
(3) The guardian ad litem for a child who is the subject of the proceeding.
(4) A court appointed special advocate for a child who is the subject of the proceeding or a paid staff member of a court appointed special advocate program.
(5) A citizen review board.
(6) The secretary.
(7) The commissioner of juvenile justice or any agents designated by the commissioner.
(8) Any other person when authorized by a court order, subject to any conditions imposed by the order.
(c) Preservation of records. The Kansas state historical society shall be allowed to take possession for preservation in the state archives of any court records related to proceedings under the Kansas code for care of children whenever such records otherwise would be destroyed. No such records in the custody of the Kansas state historical society shall be disclosed directly or indirectly to anyone for 70 years after creation of the records, except as provided in subsections (a) and (b). Pursuant to subsections (a)(8) and (b)(8), a judge of the district court may allow inspection for research purposes of any court records in the custody of the Kansas state historical society related to proceedings under the Kansas code for care of children.
History: L. 1982, ch. 182, § 6; L. 1988, ch. 139, § 1; L. 1992, ch. 318, § 1; L. 1996, ch. 229, § 32; L. 2004, ch. 178, § 3; L. 2008, ch. 145, § 7; L. 2008, ch. 169, § 3; July 1.
38-2212. Appropriate and necessary access; exchange of information; court ordered disclosure; limited public information.
(a) Principle of appropriate access. Information contained in confidential agency records concerning a child alleged or adjudicated to be in need of care may be disclosed as provided in this section. Disclosure shall in all cases be guided by the principle of providing access only to persons or entities with a need for information that is directly related to achieving the purposes of this code.
(b) Free exchange of information. Pursuant to K.S.A. 2007 Supp. 38-2210, and amendments thereto, the secretary, agents of the secretary and juvenile intake and assessment agencies shall participate in the free exchange of information concerning a child who is alleged or adjudicated to be in need of care.
(c) Necessary access. The following persons or entities shall have access to information from agency records. Access shall be limited to information reasonably necessary to carry out their lawful responsibilities, to maintain their personal safety and the personal safety of individuals in their care, or to educate, diagnose, treat, care for or protect a child alleged to be in need of care. Information authorized to be disclosed pursuant to this subsection shall not contain information which identifies a reporter of a child who is alleged or adjudicated to be a child in need of care.
(1) A child named in the report or records, a guardian ad litem appointed for the child and the child's attorney.
(2) A parent or other person responsible for the welfare of a child, or such person's legal representative.
(3) A court-appointed special advocate for a child, a citizen review board or other advocate which reports to the court.
(4) A person licensed to practice the healing arts or mental health profession in order to diagnose, care for, treat or supervise: (A) A child whom such service provider reasonably suspects may be in need of care; (B) a member of the child's family; or (C) a person who allegedly abused or neglected the child.
(5) A person or entity licensed or registered by the secretary of health and environment or approved by the secretary of social and rehabilitation services to care for, treat or supervise a child in need of care.
(6) A coroner or medical examiner when such person is determining the cause of death of a child.
(7) The state child death review board established under K.S.A. 22a-243, and amendments thereto.
(8) An attorney for a private party who files a petition pursuant to subsection (b) of K.S.A. 2007 Supp. 38-2233, and amendments thereto.
(9) A foster parent, prospective foster parent, permanent custodian, prospective permanent custodian, adoptive parent or prospective adoptive parent. In order to assist such person's in making an informed decision regarding acceptance of a particular child, to help the family anticipate problems which may occur during the child's placement, and to help the family meet the needs of the child in a constructive manner, the secretary shall seek and shall provide the following information to such person's as the information becomes available to the secretary:
(A) Strengths, needs and general behavior of the child;
(B) circumstances which necessitated placement;
(C) information about the child's family and the child's relationship to the family which may affect the placement;
(D) important life experiences and relationships which may affect the child's feelings, behavior, attitudes or adjustment;
(E) medical history of the child, including third-party coverage which may be available to the child; and
(F) education history, to include present grade placement, special strengths and weaknesses.
(10) The state protection and advocacy agency as provided by subsection (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A. 74-5515, and amendments thereto.
(11) Any educational institution to the extent necessary to enable the educational institution to provide the safest possible environment for its pupils and employees.
(12) Any educator to the extent necessary to enable the educator to protect the personal safety of the educator and the educator's pupils.
(13) Any other federal, state or local government executive branch entity or any agent of such entity, having a need for such information in order to carry out such entity's responsibilities under the law to protect children from abuse and neglect.
(d) Specified access. The following persons or entities shall have access to information contained in agency records as specified. Information authorized to be disclosed pursuant to this subsection shall not contain information which identifies a reporter of a child who is alleged or adjudicated to be a child in need of care.
(1) Information from confidential agency records of the department of social and rehabilitation services, a law enforcement agency or any juvenile intake and assessment worker of a child alleged or adjudicated to be in need of care shall be available to members of the standing house or senate committee on judiciary, house committee on corrections and juvenile justice, house committee on appropriations, senate committee on ways and means, legislative post audit committee and any joint committee with authority to consider children's and families' issues, when carrying out such member's or committee's official functions in accordance with K.S.A. 75-4319 and amendments thereto, in a closed or executive meeting. Except in 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 from the house of representatives or senate. The secretary of social and rehabilitation services shall not summarize the outcome of department actions regarding a child alleged to be a child in need of care in information available to members of such committees.
(2) The secretary of social and rehabilitation services may summarize the outcome of department actions regarding a child alleged to be a child in need of care to a person having made such report.
(3) Public disclosure of information from confidential reports or records of a child alleged or adjudicated to be a child in need of care shall be limited to:
(A) Confirmation of factual details with respect to how the case was handled, provided, however, that the information does not violate the privacy of the child, or the child's siblings, parents or guardians.
(B) Confidential information may be released to the public only with the express written permission of the individuals involved or their representatives.</