KANSAS
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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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
• 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”
Other persons required to report
“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.”
WHAT ARE THEY REQUIRED TO REPORT
“Citation: Ann. Stat. § 38-2223
A report is required when a reporter has reason to suspect that a child has been harmed as a result of physical, mental, or emotional abuse or neglect or sexual abuse.”
PENALTIES FOR FAILING TO REPORT
“Failure to Report
Citation: Ann. Stat. § 38-2223(e)
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.
Intentionally preventing or interfering with the making of a report required by this section is a class B misdemeanor.”
PENALTIES FOR FALSE REPORTING
“False Reporting
Citation: Ann. Stat. § 38-2223(e)
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.”
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.”
REPORTER’S IDENTITY
“Inclusion of Reporter’s Name in Report
The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter 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.”