KANSAS

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WHO:        ANY person MAY report if they have reason to suspect that a child may be in need of care.  [Stat. Ann. § 38-2223(a)(2)]

These are mandatory (MUST report): • Persons providing medical care or treatment, including persons licensed to practice the healing arts, dentistry, and optometry; persons engaged in postgraduate training programs approved by the State Board of Healing Arts; licensed professional or practical nurses; and chief administrative officers of medical care facilities • Persons licensed by the State to provide mental health services, including psychologists, clinical psychotherapists, social workers, marriage and family therapists, behavioral analysts, regular and clinical professional counselors, and registered alcohol and drug abuse counselors • Teachers, school administrators, or other employees of an educational institution that the child is attending; Licensed child care providers or their employees at the place where the child care services are being provided to the child • Firefighters, emergency medical services personnel, law enforcement officers, juvenile intake and assessment workers, court services officers, community corrections officers, case managers, & mediators • Employees or volunteers for any organization, whether for profit or nonprofit, that provides social services to pregnant teenagers, including, but not limited to, counseling, adoption services, and pregnancy education & maintenance.  [Stat. Ann. § 38-2223] 

·       NOTE: The standards for mandatory reporters are not limited to observations made at work. The mandate covers observations made at any time.

·       STANDARD:  [Stat. Ann. §§ 38-2223(a)(1),(2); -2202(d)]  Child means under age 18. 

(1)   A mandatory reporter:  (a) MUST report reason to suspect that a child was harmed as a result of physical, mental, or emotional abuse or neglect or sexual abuse; but (b) MAY report reason to suspect that a child may be in need of care.

(2)   Any other reporter: reason to suspect that a child may be in need of care.

Note: The term “child in need of care” refers to any of 14 conditions; see the corresponding description in the Kansas “WHAT” section defining abuse and neglect.

·       PRIVILEGE: The following privileges do NOT exempt confidences about a child’s condition in (court) proceedings: (1) physician-patient; (2) psychologist-client; and (3) social worker-client.  [Stat. Ann. § 38-2249(a)] 

WHEN:      for mandatory reporters: PROMPT oral report, then a written report if requested. The time frames do not appear to be specified; but for comparison, officials must begin any action within 72 hours of receiving an initial report.  [Stat. Ann. § 38-2223(a)(1);(b)(1); http://www.dcf.ks.gov/services/PPS/Pages/KIPS/KIPSWebIntake.aspx]

WHERE & HOW:  Reports are to the Department of Children and Families (DCF), orally followed by a written report if DCF requests one, BUT reports MUST be made to others under certain circumstances.  [Stat. Ann. §§ 38-2223(b),(c)]

·       When DCF is not open for business: report to appropriate (local) law enforcement.

·       For child abuse or neglect in the Kansas Department of Corrections (KDC): report to the attorney general [(785) 296-2215] or secretary of corrections [(785) 296-3317].

·       For child abuse or neglect in an institution operated by Kansas Department for Aging and Disability Services (KDADS): report to appropriate (local) law enforcement.

·       For all other child abuse or neglect by KDADS or DCF employees or by their children: report to the appropriate (local) law enforcement.

·       DEATH:  A mandated reporter with info on a child’s death MUST immediately notify the coroner of what is known of the time, place, manner, and circumstances.  [Stat. Ann. §§ 38-2223(d); 22a-242]  It appears that anyone who knows about the death MUST do that.  [Stat. Ann. § 22a-242]  A directory of district & deputy coroners is at:

o   https://www.countyoffice.org/kansas-ks-medical-coroner/

·       For human trafficking (forced activity that victims cannot leave, e.g., commercial sex, housework, farm work etc.), call the National Human Trafficking Resource Center Hotline (24/7, toll-free, 1-888-373-7888). The Digest’s “Special Cases” section has more on NHTRC. [cf. http://www.dcf.ks.gov/services/PPS/Pages/KIPS/KIPSWebIntake.aspx] 

·       For an EMERGENCY:                                                Dial 911 or local law enforcement

·       For REPORTS to DCF:

o   Oral:  KS Protection Report Center (24/7, English, Spanish):         1-800-922-5330

(a)   That number accommodates hearing &/or speech disabilities (KS Relay Ctr).

o   Fax reports to Kansas Protection Report Center:                          1-866-317-4279

o   Mail reports to Kansas Protection Report Center, 500 S.W. Van Buren St., Topeka, KS 66603          

o   Email reports to DCF:                                                            DCF.KSPRC@ks.gov

o   Directory of DCF service centers:                

(a)   http://www.dcf.ks.gov/services/Pages/DCFOfficeLocatorMap.aspx 

o   Online reporting for mandatory reporters:    

(a)   http://www.dcf.ks.gov/services/PPS/Pages/KIPS/KIPSWebIntake.aspx

(b)   For mandatory reporters in non-emergency. Visit http://www.dcf.ks.gov, select “Report Abuse” under the list of “Quick Links” at the right of the screen. On the Report Abuse page, click on the link “Mandatory Reporters Online Report Form.”  Caution: no link was found during a check of this in mid-2020.

(c)   The minimum facts needed for an online report are: (1) reporter’s name with telephone number and email address for confirmation; (2) alleged victim name with street / city / state address; and (3) alleged perpetrator’s name

o   More hotline information:  http://www.dcf.ks.gov/pages/hotlinenumbers.aspx

o   Reporting guide (7/2016):  see downloadable PDF document at:

http://www.dcf.ks.gov/services/pps/documents/guidetoreportingabuseandneglect.pdf 

·       LAW ENFORCEMENT: for a directory, see:     https://www.usacops.com/ks/    

·       REPORT DETAILS: ALL reports MUST contain, if known:  (a) names & addresses of the child and his/her parent(s) or others responsible for his/her care; (b) child's location if not home; (c) child's gender, race, & age; (d) reasons the reporter suspects the child may need of care; (e) nature and extent of harm to the child, with any evidence of previous harm.  Note: (mandated) reporters MUST disclose (the child’s) protected health information freely.  [Stat. Ann. § 38-2223(b)]  DCF also needs, if available: (f) victim child(ren)’s birth date, and school or daycare attended; (g) caregiver phone number(s); (h) alleged perpetrator, with name, address, phone number, relationship to child, and access to child; (i) the child’s siblings (names, birth dates, ages); (j) emergency contacts (from school, daycare, or doctor forms) with names & contact info.  DCF also needs, if available: ***who*** (1) Who is the victim? (2) Who harmed or injured the child(ren)? (3) Who else knows about it? (4) Who can protect the child(ren)? (5) Who all lives in the child(ren)’s home? ***what*** (6) What did the victim say happened (details; exact statements)? (7) What were the circumstances? (8) What did you observe? (9) What do any injuries look like? (10) What does the child say about returning home? (11) What is the child’s functioning level (developmental)? (12) What was your interaction with the caregiver? (13) What did the caregiver say happened? ***when*** (14) When did it happen (date)? (15) When will the child have contact with the alleged perpetrator? (16) When was law enforcement contacted, if for an emergency? ***where*** (17) Where does the child have an injury? (18) Where did it happen? (19) Where is the child now (time school gets out, after school plans, etc.)?     [http://www.dcf.ks.gov/services/PPS/Documents/Mandated%20Reporter%20How%20To.pdf]

·       REPORTER PROTECTION: (1) The reporter is not specifically required by statute to provide his/her name in the report. (2) And agency disclosures must not contain info that identifies a reporter.  [Stat. Ann. § 38-2212(c)(d)]  (3) Reporters without malice are immune from civil liability.  [Stat. Ann. § 38-2223(f)] 

WHY:         ALL OF THE FOLLOWING ARE CLASS B MISDEMEANORS: (1) willful, knowing failure to make a required report even if another mandatory reporter made one; (2) intentionally preventing or interfering with a required report; (3) willfully, knowingly false reports, or one made knowing it lacks a factual foundation.  [Ann. Stat. § 38-2223(e)]  (4) Employers: terminating employment; preventing / impairing / sanctioning employees because of making oral or written reports or cooperating with investigators.  [Ann. Stat. § 38-2224] 

WHAT:      Kansas defines child abuse or neglect as any of physical, emotional or mental abuse or neglect or sexual abuse (which may have exploitation).  [Stat. Ann. § 38-2223(a)(1)]    

Initial Screening Criteria: (1) reasonable grounds to believe abuse or neglect exists; (2) need for immediate steps to protect the child’s health and welfare. Criteria that exclude follow-up include: (a) the child is not harmed or likely to be; (b) the abuse or neglect was in the past; (c) not enough information to locate the child; (d) the report is known to be fictitious &/or malicious; or (e) the incident already was or is being assessed by DCF or law enforcement. [Stat. Ann. § 38-2230; Pol. Man. §§ 1300; 1310]  NON-anonymous reporters who would like to receive a notification letter, receive it in 7-10 business days with an intake ID number and notice of whether the report will be investigated.  [http://www.dcf.ks.gov/services/PPS/Pages/KIPS/KIPSWebIntake.aspx]

Reportable: (1) anyone as to ABUSE: physical, emotional, mental, or sexual abuse; and (2) caregivers as to NEGLECT.  [Stat. Ann. §§ 38-2202(t),(y),(gg)]

·     Caregiver means a parent, guardian, or anyone else responsible for a child’s care, including anyone liable by law to care for, maintain, or support him/her.  [Ann. Stat. §§ 38-2202(u)] 

Child in Need of Care means a child who:  [Stat. Ann. § 38-2202(d)] 

(A)     lacks adequate parental care, control or subsistence but that is not due solely to the caregiver’s lack of funds; or

(B)     lacks care or control needed for physical, mental or emotional health; or

(C)     had physical, mental or emotional abuse or neglect or sexual abuse; or

(D)     was unlawfully placed for care or adoption; or

(E)     was abandoned or has no known living parent; or

(F)     is not attending school as required by law; or

(G)    does an act that the state, city or county prohibits for children but not adults, but this section does not apply for alcohol purchase or use, racetrack bets, tobacco purchase or use, or age 10-17 handgun possession; or

(H)     under age 10, commits what would be a felony or misdemeanor if by an adult; or

(I)       is willfully, voluntarily absent from home without caregiver consent; or

(J)      is willfully, voluntarily absent at least twice from a court-ordered placement or facility, without consent of the caregiver, person in charge, or their designee; or

(K)     has been residing in the same residence with a sibling or child, who was physically, mentally or emotionally abused or neglected, or sexually abused; or

(L)      while under age 10 possesses a firearm with a barrel less than 12 inches long; or

(M)    had a permanent custodian appointed who no longer can or will serve; or

(N)     was a victim of human trafficking or commercial sexual exploitation or committed an act that, for an adult, would constitute selling sexual relations.

Physical, Mental or Emotional Abuse is (a) inflicting physical, mental, or emotional harm, or (b) causing a child’s deterioration. It may include maltreatment or exploiting a child, or endangering his/her health or emotional well-being.  [Stat. Ann. §§ 38-2202(l),(y); (cf. pp. 5 & 10 of http://www.dcf.ks.gov/services/PPS/Documents/GuidetoReportingAbuseandNeglect.pdf)].

(A)     Harm means physical or psychological injury or damage.  Deterioration is undefined.

(B)     Examples of physical abuse are bruises, welts, bite marks, burns, bone fractures, scars, internal injuries, lacerations, abrasions, unusual bleeding, or head trauma.

(C)     Emotional abuse is not distinguished from mental abuse. It inflicts consistent, chronic mental or emotional harm or deterioration, such as by: (a) terrorizing a child with a climate of fear or violent or threatening behavior toward him/her or toward others with flagrant disregard for his/her presence; (b) emotionally abandoning a child, by being psychologically unavailable or demonstrating no attachment, or failing to provide adequate nurturance; or (c) corrupting a child, by teaching or rewarding unlawful, antisocial or sexually-mature behaviors. Emotional abuse has a pattern of attitudes or acts detrimental to developing a sound, healthy personality; this seriously impairs a child’s social, emotional or intellectual functioning. 

Neglect means acts or omissions by a child’s parent, guardian, or other caregiver that result in harm to him/her or present a likelihood of it, where the acts or omissions are not due solely to a lack of funds. Neglect includes but isn’t limited to:  [Stat. Ann. § 38-2202(t)]

(A)     Failing to provide adequate food, clothing, or shelter needed to sustain life & health;

(B)     Failing to provide adequate supervision or remove him/her from a situation that (a) requires judgment or actions beyond his/her level of maturity, physical condition, or mental abilities AND that (b) results in bodily injury or a likelihood of harm to the child.

(C)     Failing to use resources available to treat a diagnosed medical condition if that would make a child substantially more comfortable, reduce pain and suffering, or correct or substantially diminish the worsening of a crippling condition.

(D)     It is abandonment to forsake, desert, or cease providing the child’s care without making appropriate provisions for substitute care.  [Stat. Ann. § 38-2202(a)]

(E)     A parent’s declining to use a specified treatment, due to religion, is NOT medical neglect. But a court may order it.   [Stat. Ann. § 38-2202(t)(3)]

Sexual Abuse is any of the following:  [Stat. Ann. § 38-2202(gg)]

(A)     Any contact or interaction in which the child is used for the sexual stimulation of the perpetrator, the child, or another person;

(1)   CONTEXT: AGE OF CONSENT is 16.  [Stat. Ann. § 21-5506(a)(1); 21-5507(a)(1)]

(2)   CONTEXT: INCEST or AGGRAVATED INCEST is marriage, sexual intercourse, sodomy, or lewd fondling, knowing the partner is one’s: (a) parent or child; (b) grandparent or grandchild of any degree; (c) brother or sister of whole or half blood; or (d) uncle, aunt, nephew, or niece. This is true whether the partner is a biological, step or adoptive relative for any of those.  [Stat. Ann. § 21-5604]  These concern marriage or persons age 16 or more; other crimes apply below age 16.

(B)     Allowing, permitting, or encouraging a child to engage in (a) the sale of sexual relations or (b) commercial sexual exploitation of a child or (c) to be photographed, filmed, or depicted in pornographic material; OR

(C)    Allowing, permitting, or encouraging a child to engage in aggravated human trafficking where: (a) the child’s acts are committed in whole or in part for the purpose of the sexual gratification of the offender or another; or (b) the child is subjected to sexual intercourse, sodomy, or manual or other bodily contact stimulation of genitals of anyone with the intent to arouse or gratify sexual desires of the offender or another person; or (c) giving, offering, or agreeing to give, anything of value to anyone, to engage the child in (b) or any other unlawful sexual act.

(1)     AGGRAVATED HUMAN TRAFFICKING means to: (a) intentionally recruit, harbor, transport, provide or obtain a child; and to (b) knowingly use force, fraud or coercion (injury, abuse, legal action, threat, withhold necessities, withhold or destroy their government ID, debt bondage, etc.) (c) in order to subject the child to involuntary servitude or forced labor or for anyone’s sexual gratification, and (d) intentionally benefit financially. It is also an offense to hire the services of that child with reckless disregard to his/her age.  [Stat. Ann.  § 21-5426(b)]