Review and Expunction of Central Registries and Reporting Records - Kansas

Right of the Reported Person to Review and Challenge Records
Citation: Admin. Regs. § 30-46-17

Any perpetrator of abuse or neglect may apply in writing to the secretary of the Department for Children and Families to have the perpetrator's record expunged from the central registry when 3 years have passed since the perpetrator's name was entered on the central registry or when information is presented that was not available at the time of the finding of abuse or neglect.

Each application for expunction shall be referred to the expunction review panel. The panel shall consist of the director of prevention and protection services or the director's designee, the chief legal counsel of the department or the counsel's designee, and a representative of the public appointed by the secretary. The department director or the director's designee shall chair the panel.

A review hearing shall be convened by the panel, at which time the applicant may present evidence supporting expunction of the applicant's name from the central registry. The applicant shall have the burden of providing the panel with the basis for granting the expunction. Evidence in support of or in opposition to the application and a recommendation may be presented by the regional office that conducted the original investigation. An application for expunction from a perpetrator shall be accepted no more than once every 12 months.

Recommendations of the review panel shall be determined by majority vote. The following factors shall be considered by the panel in making its recommendation:

• The nature and severity of the act of abuse or neglect
• The number of findings of abuse or neglect involving the applicant
• Whether the applicant was a child at the time of the findings of abuse or neglect for which expunction is requested and the age of the applicant at the time of the incident
• Circumstances that no longer exist that contributed to the finding of abuse or neglect by the applicant
• Actions taken by the applicant to prevent the reoccurrence of abuse or neglect

The review hearing shall be set within 30 days from the date the application for expunction is received by the department. The department director or the director's designee shall send a written notice to the applicant and the regional office that made the finding at least 10 days before the hearing. The notice shall state the day, hour, and place of the hearing. Continuances may be granted only for good cause.

A written recommendation to the secretary shall be rendered by the panel within 60 days from the date of the hearing. The recommendation to the secretary shall be submitted in writing and shall set forth the reasons for the recommendation.

Based upon the application for expunction, other records in the expunction file, and the findings and recommendations of the panel, a decision to grant or deny the requested expunction shall be made by the secretary and shall be the final agency order. The secretary's decision shall be made with 60 days of the hearing.

When Records Must Be Expunged
Citation: Admin. Regs. § 30-46-17(c)

Any record may be expunged from the central registry by the secretary when 18 years have passed since the most recent finding of abuse or neglect.

Each record of a perpetrator who was under age 18 at the time of abuse or neglect and has not been substantiated for more than a single event or incident while a minor shall be expunged 5 years after the finding of abuse or neglect is entered in the central registry if the perpetrator has had none of the following after entry in the registry:

• A finding of abuse or neglect
• A juvenile offender adjudication for any act, other than the event or incident that resulted in the offender's name being placed on the child abuse and neglect central registry, that, if committed by an adult, would be a class A person misdemeanor or any person felony
• A criminal conviction for a class A person misdemeanor or any person felony

The decision of the secretary shall be in writing and shall set forth the reasons for the decision. Denial of the application shall be the final agency order. The applicant shall be informed of the right to appeal pursuant to the Kansas judicial review act.