Clarifying the identifying information in mandatory reports of abuse or neglect of children and increasing the penalty for failing to report such abuse or neglect.

Session of 2025
SENATE BILL No. 102
By Senator Shane
1-29
AN ACT concerning children and minors; relating to the secretary for
children and families; requiring coroners to report certain information
to the secretary; clarifying the identifying information in mandatory
reports of abuse or neglect of children to the secretary; increasing the
penalty for failing to report such abuse or neglect from a misdemeanor
to a felony; amending K.S.A. 2024 Supp. 22a-242 and 38-2223 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 22a-242 is hereby amended to read as
follows: 22a-242. (a) When a child dies, any law enforcement officer,
health care provider or other person having knowledge of the death shall
immediately notify the coroner of the known facts concerning the time,
place, manner and circumstances of the death. If the notice to the coroner
identifies any suspicious circumstances or unknown cause, as described in
the protocol developed by the state review board under K.S.A. 22a-243,
and amendments thereto, the coroner shall immediately: (1) Investigate the
death to determine whether the child's death included any such suspicious
circumstance or unknown cause; and (2) direct a pathologist to perform an
autopsy.
(b) If, after investigation and an autopsy, the coroner determines that
the death of a child does not include any suspicious circumstances or
unknown cause, as described in the protocol developed by the state review
board under K.S.A. 22a-243, and amendments thereto, no further action by
the coroner is required.
(c) If, after investigation and an autopsy, the coroner determines that
the death of a child includes any suspicious circumstance or unknown
cause, as described in the protocol developed by the state review board
under K.S.A. 22a-243, and amendments thereto, the coroner shall notify,
within 24 hours, the county or district attorney of the county where the
death of the child occurred.
(d) The coroner shall attempt to notify any parent or legal guardian of
the deceased child prior to the performance of an autopsy pursuant to this
section. Once the autopsy has been completed, the coroner shall
immediately notify the parent or legal guardian that such autopsy has been
completed and provide information on how to obtain the results.
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(e) A coroner shall not make a determination that the death of a child
less than one year of age was caused by sudden unexplained infant death
syndrome unless an autopsy is performed.
(f) The fee for an autopsy performed under this section shall be the
usual and reasonable fee and travel allowance authorized under K.S.A.
22a-233, and amendments thereto, and shall be paid from the district
coroners fund.
(g) The secretary for of health and environment shall provide a copy
of the death certificate to the state child death review board that meets
requirements developed by the board pursuant to K.S.A. 22a-243, and
amendments thereto.
(h) Any coroner who is notified of a death pursuant to this section
shall report the known facts concerning the time, place, manner and
circumstances of such death to the secretary for children and families.
Sec. 2. K.S.A. 2024 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
inflicted by any person having contact with the child, either in person or
through electronic means , the person shall report the matter promptly as
provided in subsections (b) and (c);:
(A) The following 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;
(B) the following persons licensed by the state to provide mental
health services :, including 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
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services officers, community corrections officers, case managers appointed
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 and who provides
social services to pregnant teenagers, including, but not limited to,
counseling, adoption services and pregnancy education and maintenance ;
and
(G) any unlicensed person employed by or working for an agency
serving children who perform job responsibilities similar to those found in
subparagraph (B).
(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; 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) 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.
(2) 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
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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.
(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) Violations. (1) Willful and knowing failure to make a report
required by this section is a class B misdemeanor severity level 10, person
felony. 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 severity level 10, person
felony.
(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 severity level 10,
person felony.
(f) 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 that a child may be a child in need of care or who,
participates in any activity or investigation relating to the report or who
participates in any judicial proceeding resulting from the such report shall
have immunity from any civil liability that might otherwise be incurred or
imposed.
Sec. 3. K.S.A. 2024 Supp. 22a-242 and 38-2223 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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