38-2226. Same; investigation of reports; coordination and cooperation between agencies; visual observation requirements. (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. 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 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.
(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.
(h) Visual observation required. As part of any investigation conducted pursuant to this section, the secretary, or the secretary's designee, 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.
History: L. 2006, ch. 200, § 21; L. 2014, ch. 115, § 62; L. 2016, ch. 53, § 2; L. 2021, ch. 111, § 3; June 3.
Structure Kansas Statutes
Article 22 - Revised Kansas Code For Care Of Children
38-2201 Citation; construction of code; policy of state.
38-2203 Jurisdiction; age of child, presumptions; precedence of certain orders.
38-2205 Right to counsel; guardian ad litem.
38-2206 Appointment of special advocate.
38-2207 Citizen review boards; members.
38-2208 Same; duties and powers.
38-2209 Confidentiality of child in need of care records; penalties; immunities.
38-2210 Parties exchanging information.
38-2211 Access to official and social file; preservation of records.
38-2214 Duties of county or district attorney.
38-2215 Docket fee; authorized only by legislative enactment; expenses; assessment.
38-2216 Expense of care and custody of child.
38-2218 Educational decisions; educational advocates for exceptional children.
38-2219 Evaluation of development or needs of child.
38-2221 Fingerprints and photographs.
38-2222 Public information and educational program; reporting of suspected abuse or neglect.
38-2227 Child advocacy centers.
38-2228 Multidisciplinary team.
38-2229 Investigation of abuse or neglect; subpoena; request to quash.
38-2230 Same; duties of the department for children and families.
38-2235 Procedure upon filing of petition.
38-2236 Summons; persons to be served; notice of hearing.
38-2239 Service of other pleadings.
38-2240 Subpoenas; witness fees.
38-2244 Order for informal supervision; restraining orders.
38-2247 Attendance at proceedings; confidentiality.
38-2248 Stipulations and no contest statements.
38-2253 Dispositional hearing; purpose; time.
38-2255 Authorized dispositions; prohibitions.
38-2257 Permanency planning at disposition.
38-2259 Emergency change of placement; removal from home of parent, findings of court.
38-2261 Reports made by foster parents.
38-2262 Placement; testimony of certain children.
38-2266 Request for termination of parental rights or appointment of permanent custodian.
38-2267 Procedure upon receipt of request.
38-2268 Voluntary relinquishment; voluntary permanent custodianship; consent to adoption.
38-2271 Presumption of unfitness, when; burden of proof.
38-2272 Appointment of permanent custodian.
38-2273 Appeals; procedure; verification; continuing jurisdiction.
38-2274 Temporary orders pending appeal; status of orders appealed from.
38-2276 Prohibiting detainment or placement of child in jail.
38-2277 Determination of child support.
38-2278 Journal entry for child support.
38-2280 Remedies supplemental not substitute.
38-2282 Newborn infant protection act.
38-2283 Application to existing cases.
38-2285 Awarding high school diplomas; requirements.
38-2286 Child removed from custody of parent, substantial consideration of grandparent.
38-2288 CINC placement in a juvenile detention facility.
38-2289 Child in custody, victim of certain conduct; reporting of information.
38-2291 Qualified residential treatment program placement; required notices; court determinations.