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Session of 2025
SENATE BILL No. 145
By Senator Shane
2-3
AN ACT concerning children and minors; relating to law enforcement
agencies and the secretary for children and families; requiring that the
secretary immediately notify law enforcement agencies of reports of
abuse or neglect; providing for law enforcement agencies to request
resources from the secretary for children and families for
investigations; amending K.S.A. 2024 Supp. 38-2226 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 38-2226 is hereby amended to read as
follows: 38-2226. (a) Investigation for child abuse or neglect. The
secretary and law enforcement officers shall have the duty to receive and
investigate reports of child abuse or neglect for the purpose of determining
whether the report is valid and whether action is required to protect a
child. Any person or agency which maintains records relating to the
involved child which are relevant to any investigation conducted by the
secretary or law enforcement agency under this code shall provide the
secretary or law enforcement agency with the necessary records to assist in
investigations. In order to provide such records, the person or agency
maintaining the records shall receive from the secretary or law
enforcement: (1) A written request for information; and (2) a written notice
that the investigation is being conducted by the secretary or law
enforcement. If the secretary and such officers determine that no action is
necessary to protect the child but that a criminal prosecution should be
considered, such law enforcement officers shall make a report of the case
to the appropriate law enforcement agency.
(b) Joint investigations. Upon assignment by the secretary for
investigation, the secretary shall immediately notify the law enforcement
agency with jurisdiction of the location of where the alleged abuse or
neglect occurred or the residence of the child who is the subject of the
report so that such law enforcement agency may investigate whether a
crime occurred. When a report of child abuse or neglect indicates: (1) That
there is serious physical harm to, serious deterioration of or sexual abuse
of the child; and (2) that action may be required to protect the child, the
investigation shall be conducted as a joint effort between the secretary and
the appropriate law enforcement agency or agencies, with a free exchange
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of information between them pursuant to K.S.A. 38-2210, and
amendments thereto. If a statement of a suspect is obtained by either
agency, a copy of the statement shall be provided to the other. Upon the
request of an investigating law enforcement agency, the secretary for
children and families shall share resources related to investigating reports
of abuse or neglect to facilitate a joint investigation or an investigation of
a potential crime being conducted by such law enforcement agency.
(c) Investigation of certain cases. Suspected child abuse or neglect
which occurs in an institution operated by the Kansas department of
corrections shall be investigated by the attorney general or secretary of
corrections. Any suspected child abuse or neglect in an institution operated
by the Kansas department for aging and disability services, or 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 investigated by the appropriate
law enforcement agency.
(d) Coordination of investigations by county or district attorney. If a
dispute develops between agencies investigating a reported case of child
abuse or neglect, the appropriate county or district attorney shall take
charge of, direct and coordinate the investigation.
(e) Investigations concerning certain facilities. Any investigation
involving a facility subject to licensing or regulation by the secretary of
health and environment shall be promptly reported to the state secretary of
health and environment.
(f) Cooperation between agencies. Law enforcement agencies and the
secretary shall assist each other in taking action which is necessary to
protect a child regardless of which agency conducted the initial
investigation.
(g) Cooperation between school personnel and investigative
agencies. (1) Educational institutions, the secretary and law enforcement
agencies shall cooperate with each other in the investigation of reports of
suspected child abuse or neglect. The secretary and law enforcement
agencies shall have access to a child in a setting designated by school
personnel on the premises of an educational institution. Attendance at an
interview conducted on such premises shall be at the discretion of the
agency conducting the interview, giving consideration to the best interests
of the child. To the extent that safety and practical considerations allow,
law enforcement officers on such premises for the purpose of investigating
a report of suspected child abuse or neglect shall not be in uniform.
(2) The secretary or a law enforcement officer may request the
presence of school personnel during an interview if the secretary or officer
determines that the presence of such person might provide comfort to the
child or facilitate the investigation.
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(h) Visual observation required. As part of any investigation
conducted pursuant to this section, the secretary or the law enforcement
agency, or such agency's designee, that is conducting the investigation
shall visually observe the child who is the alleged victim of abuse or
neglect. In the case of a joint investigation conducted pursuant to
subsection (b), the secretary and the investigating law enforcement agency,
or the designees of the secretary and such agency, shall both visually
observe the child who is the alleged victim of abuse or neglect. All
investigation reports shall include the date, time and location of any visual
observation of a child that is required by this subsection.
(i) Child abuse review and evaluation referrals. (1) Upon
investigation by law enforcement or assignment by the secretary of any
investigation of physical abuse or physical neglect conducted pursuant to
this section that concerns a child five years of age or younger, the
secretary, the law enforcement agency or the agency's designee shall make
a CARE referral for such child.
(2) In any other investigation of physical abuse, emotional abuse,
medical neglect or physical neglect conducted pursuant to this section, the
secretary, the law enforcement agency or the agency's designee may make
a CARE referral for such child.
Sec. 2. K.S.A. 2024 Supp. 38-2226 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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