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As Amended by House Committee
Session of 2026
HOUSE BILL No. 2589
By Committee on Child Welfare and Foster Care
Requested by Representatives Johnson and Buehler
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AN ACT concerning children and minors; relating to reports of child abuse
or neglect; prohibiting the secretary for children and families from
accepting or assigning anonymous reports of child abuse or neglect;
requiring the secretary to inform anonymous reporters of such
prohibition and other pertinent information regarding the reporting of
child abuse or neglect , and confidentiality of identifiable information
and penalties for false reporting ; allowing law enforcement agencies to
accept anonymous reports of child abuse or neglect; providing for the
confidentiality of reporter information in law enforcement records;
amending K.S.A. 2025 Supp. 38-2213 and 38-2223 and repealing the
existing sections section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 Supp. 38-2213 is hereby amended to read as
follows: 38-2213. (a) Principle of limited disclosure . Information
contained in confidential law enforcement 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. 38-2210, and
amendments thereto, a law enforcement agency shall participate in the free
exchange of information concerning a child who is alleged or adjudicated
to be in need of care.
(c) Access to information in law enforcement records. In order to
discharge their official duties, the following persons or entities shall have
access to confidential law enforcement records concerning a child alleged
or adjudicated to be in need of care. Information authorized to be
disclosed in this subsection shall not contain information that identifies a
reporter of a child alleged or adjudicated to be a child in need of care.
(1) The court having jurisdiction over the proceedings, including the
presiding judge and any court personnel designated by the judge.
(2) The secretary.
(3) The secretary of corrections.
(4) Law enforcement officers or county or district attorneys or their
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staff.
(5) Any juvenile intake and assessment worker.
(6) Members of a court-appointed multidisciplinary team.
(7) The office of the child advocate pursuant to the child advocate
act.
(8) 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 law to protect
children from abuse and neglect.
(9) Persons or entities allowed access pursuant to K.S.A. 38-2212(f),
and amendments thereto.
(d) Necessary access. The following persons or entities shall have
access to information from law enforcement records when 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 or adjudicated
to be in need of care. Information authorized to be disclosed in this
subsection shall not contain information that identifies a reporter of a child
alleged or adjudicated to be a child in need of care.
(1) Any individual, or public or private agency authorized by a
properly constituted authority to diagnose, care for, treat or supervise a
child who is the subject of a report or record of child abuse or neglect,
including physicians, psychiatrists, nurses, nurse practitioners,
psychologists, licensed social workers, child development specialists,
physician assistants, community mental health workers, alcohol and drug
abuse counselors, and licensed or registered child care providers.
(2) School administrators shall have access to but shall not copy law
enforcement records and may disclose information to teachers,
paraprofessionals and other school personnel as necessary to meet the
educational needs of the child or to protect the safety of students and
school employees.
(3) 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 purposes 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.
(e) Legislative access. Information from law enforcement records 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
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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.
(f) Court order. Notwithstanding the provisions of this section, a
court of competent jurisdiction, after in camera inspection, may order
disclosure of confidential law enforcement records pursuant to a
determination that the disclosure is in the best interests of the child who is
the subject of the reports or that the records are necessary for the
proceedings of the court and otherwise admissible as evidence. The court
shall specify the terms of disclosure and impose appropriate limitations.
Sec. 2. Section 1. K.S.A. 2025 Supp. 38-2223 is hereby amended to
read as follows: 38-2223. (a) Persons making reports. (1) When any of the
following persons has reason to suspect that a child has been harmed as a
result of physical, mental or emotional abuse or neglect or sexual abuse,
the person shall report the matter promptly as provided in subsections (b)
and (c);
(A) The following persons providing medical care or treatment:
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;
(B) the following persons licensed by the state to provide mental
health services: Licensed psychologists, licensed masters level
psychologists, licensed clinical psychotherapists, licensed social workers,
licensed marriage and family therapists, licensed clinical marriage and
family therapists, licensed behavioral analysts, licensed assistant
behavioral analysts, licensed professional counselors, licensed clinical
professional counselors and registered alcohol and drug abuse counselors;
(C) teachers, school administrators and other employees of an
educational institution that the child is attending and any member of the
board of directors of the Kansas state high school activities association
referenced in K.S.A. 72-7114, and amendments thereto, and any person
who is employed by or is an officer of such association;
(D) persons licensed by the secretary of health and environment to
provide child care services or the employees of persons so licensed at the
place where the child care services are being provided to the child;
(E) firefighters, emergency medical services personnel, law
enforcement officers, juvenile intake and assessment workers, court
services officers, community corrections officers, case managers appointed
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under K.S.A. 23-3508, and amendments thereto, and mediators appointed
under K.S.A. 23-3502, and amendments thereto; and
(F) any person employed by or who works as a volunteer 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.
(2) In addition to the reports required under subsection (a)(1), any
person who has reason to suspect that a child may be a child in need of
care may report the matter as provided in subsection (b) and (c).
(b) Form of report. (1) The report may be made orally and shall be
followed by a written report if requested. Every report shall contain, if
known: The names and addresses of the child and the child's parents or
other persons responsible for the child's care; the location of the child if
not at the child's residence; the child's gender, race and age; the reasons
why the reporter suspects the child may be a child in need of care; if abuse
or neglect or sexual abuse is suspected, the nature and extent of the harm
to the child, including any evidence of previous harm; the source of
information being provided; the name, telephone number and residential
address of the reporter; and any other information that the reporter
believes might be helpful in establishing the cause of the harm and the
identity of the persons responsible for the harm.
(2) When reporting a suspicion that a child may be in need of care,
the reporter shall disclose protected health information freely and
cooperate fully with the secretary and law enforcement throughout the
investigation and any subsequent legal process.
(c) To whom made. Reports made pursuant to this section shall be
made to the secretary, except as follows:
(1) The secretary shall not accept a report or transmit or assign a
report for investigation unless the person reporting provides such person's
name, telephone number and residential address. The secretary shall
transmit a report to a law enforcement agency if such person does not
provide such person's name, telephone number and residential
address and:
(A) There is serious physical harm to, serious deterioration of or
sexual abuse of a child; and
(B) action is required to protect such child.
(2) When the Kansas department for children and families is not open
for business, reports shall be made to the appropriate law enforcement
agency. On the next day that the department is open for business, the law
enforcement agency shall report to the department any report received and
any investigation initiated pursuant to K.S.A. 38-2226, and amendments
thereto. The reports may be made orally or, on request of the secretary, in
writing.
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(2)(3) Reports of child abuse or neglect occurring in an institution
operated by the Kansas department of corrections shall be made to the
attorney general or the secretary of corrections. Reports of child abuse or
neglect occurring in an institution operated by the Kansas department for
aging and disability services shall be made to the appropriate law
enforcement agency. All other reports of child abuse or neglect by persons
employed by the Kansas department for aging and disability services or
the Kansas department for children and families, or of children of persons
employed by either department, shall be made to the appropriate law
enforcement agency.
(4) Law enforcement agencies may accept a report of abuse and
neglect from a person unwilling to provide such person's name, telephone
number and residential address.
(d) Death of child. Any person who is required by this section to
report a suspicion that a child is in need of care and who knows of
information relating to the death of a child shall immediately notify the
coroner as provided by K.S.A. 22a-242, and amendments thereto.
(e) Information to be provided to a reporter. When a person attempts
to report child abuse or neglect anonymously, the secretary shall inform
such person:
(1) That the secretary is prohibited from accepting such a report
unless such person provides such person's name, telephone number and
residential address;
(2) when such person's identifiable information shall be deemed
confidential and not be disclosed under state law;and
(3) that making a false report or a report that such person knows is
lacking a factual foundation is a class B misdemeanor under subsection
(f); and
(4) if such person is still unwilling to provide the required identifiable
information, of alternative ways to address concerns, including referrals
to community services.
(f) Violations. (1) Willful and knowing failure to make a report
required by this section is a class B misdemeanor. It is not a defense that
another mandatory reporter made a report.
(2) Intentionally preventing or interfering with the making of a report
required by this section is a class B misdemeanor.
(3) Any person who willfully and knowingly makes a false report
pursuant to this section or makes a report that such person knows lacks
factual foundation is guilty of a class B misdemeanor.
(f)(g) Immunity from liability. Anyone who, without malice,
participates in the making of a report to the secretary or a law enforcement
agency relating to a suspicion a child may be a child in need of care or
who participates in any activity or investigation relating to the report or
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who participates in any judicial proceeding resulting from the report shall
have immunity from any civil liability that might otherwise be incurred or
imposed.
(h) Confidentiality. Any identifying information provided by a person
pursuant to subsection (b)(1) related to or provided for the purposes of
reporting child abuse or neglect shall be confidential and not be disclosed,
except as provided by the revised Kansas code for care of children.
(i) On or before the first day of the 2027 regular session of the
legislature, and on the first day of the regular session every year
thereafter, the secretary shall submit a report on data concerning
reports made to and received by the secretary and any reports
transmitted to a law enforcement agency to the house of
representatives committee on child welfare and foster care and the
joint committee on child welfare system oversight, or any successor
committee thereof.
Sec. 32. K.S.A. 2025 Supp. 38-2213 and 38-2223 are is hereby
repealed.
Sec. 43. This act shall take effect and be in force from and after its
publication in the statute book.
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