Mandatory Reporting of Child Abuse and Neglect - Kansas

Professionals Required to Report
Citation: Ann. Stat. § 38-2223

The following persons are required to 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, professional counselors, and registered alcohol and drug abuse counselors 
• Teachers, school administrators, or other employees of an educational institution that the child is attending 
• Any member of the board of directors of the Kansas State high school activities association referenced in § 72-7114, and any person who is employed by or is an officer of such association
• 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, and mediators
• Employees or volunteers for any organization, whether for profit or not-for-profit, that provides social services to pregnant teenagers, including, but not limited to, counseling, adoption services, and pregnancy education and maintenance

Training Requirements for Mandatory Reporters

This issue is not addressed in the laws and policies reviewed.

The Department for Children and Families offers guidance to mandatory parents through its publication, A Guide to Reporting Child Abuse and Neglect.

Information presented in the booklet includes the following:

• Tips for mandated reporters 
• Definitions of types of abuse 
• Behavioral and physical indicators 
• Common myths and facts of abuse 
• Kansas reporting laws 
• When to make a report 
• What information is needed to make a report 
• Where to make a report 
• Consequences of failure to report 
• How child protection systems play an important role in promoting safe families
• How to prevent child abuse and neglect

Reporting by Other Persons
Citation: Ann. Stat. § 38-2223

Any person who has reason to suspect that a child may be a child in need of care may report. 

Institutional Responsibility to Report
Citation: Ann. Stat. § 38-2224

No employer shall terminate the employment of, prevent or impair the practice or occupation of, or impose any other sanction on any employee because the employee made an oral or written report to or cooperated with an investigation by a law enforcement agency or the department relating to harm inflicted upon a child that the employee suspected was the result of the physical, mental, or emotional abuse or neglect or sexual abuse of the child.

Violation of this section is a class B misdemeanor.

Standards for Making a Report
Citation: Ann. Stat. § 38-2223

A report is required when a reporter has reason to suspect that a child has been harmed because of physical, mental, or emotional abuse or neglect, or sexual abuse. 

Privileged Communications
Citation: Ann. Stat. § 38-2249

In all proceedings under this code, the rules of evidence of the code of civil procedure shall apply, except that no evidence relating to the condition of a child shall be excluded solely on the ground that the matter is or may be the subject of a physician-patient privilege, psychologist-client privilege, or social worker-client privilege. 

Inclusion of the Reporter's Name in the Report

The reporter is not specifically required by statute to provide their name in the report. 

Disclosure of the Reporter's Identity
Citation: Ann. Stat. § 38-2212

Information from agency records that is authorized to be disclosed by this section shall not contain information that identifies a reporter of a child alleged or adjudicated to be a child in need of care.