Kansas Statutes
Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons
39-1436 Same; access to relevant records; confidentiality requirements.

39-1436. Same; access to relevant records; confidentiality requirements. (a) As provided in this section, any person or agency which maintains records relating to the involved adult which are relevant to any investigation conducted by the Kansas department for children and families or a law enforcement agency under this act shall provide the Kansas department for children and families or a 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 Kansas department for children and families:
(1) A written request for information;
(2) a written notice that an investigation is being conducted by the department; and
(3) certification or confirmation that the department has sent written notice to the involved adult or the involved adult's guardian. Any such information shall be subject to the confidentiality requirements of K.S.A. 39-1434, and amendments thereto.
(b) The Kansas department for children and families or a law enforcement agency shall have access to all relevant records in accordance with the provisions of subsection (a).
History: L. 1989, ch. 129, § 7; L. 2003, ch. 91, § 15; L. 2004, ch. 153, § 2; L. 2014, ch. 115, § 173; July 1.

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Structure Kansas Statutes

Kansas Statutes

Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare

Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons

39-1401 Abuse, neglect or exploitation of residents; definitions.

39-1402 Abuse, neglect or exploitation of residents; reporting abuse, neglect or exploitation or need of protective services; persons required to report; contents of report; posting notice of requirements of act; penalty for failure to report.

39-1403 Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report.

39-1404 Same; duties of Kansas department for aging and disability services and department of health and environment; personal visit; investigation and evaluation; information provided to certain persons.

39-1405 Same; protective services; injunction.

39-1406 Same; persons authorized access to relevant records; authority to take actions to assist residents.

39-1407 Consent of resident to protective services; court authorization.

39-1408 Same; petition for appointment of guardian or conservator; appointment of attorney to represent resident, when.

39-1409 Same; assistance of appropriate public or private agencies, groups or individuals.

39-1410 Review subsequent to authorization of protective services; continuation of protective services; reevaluations.

39-1411 Register of reports; findings forwarded to certain state regulatory authorities; consideration of findings; certain information confidential and not subject to open records act; disclosure of certain individuals prohibited.

39-1412 Transfer of certain powers, duties and functions of secretary of health and environment to secretary of aging; preservation of certain actions.

39-1430 Abuse, neglect or financial exploitation of certain adults; definitions.

39-1431 Same; reporting abuse, neglect or financial exploitation or need of protective services; persons required to report; penalty for failure to report; posting notice of requirements of act.

39-1432 Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report; attorney fees awarded, when.

39-1433 Same; duties of Kansas department for children and families; face-to-face visit; investigation and evaluation; findings referred to appropriate regulating authority, when; information provided to certain persons.

39-1434 Statewide register; report, assessment or written evaluation not public record; disclosure of certain individuals prohibited.

39-1435 Same; assistance of state departments and agencies and other public and private agencies; law enforcement assistance.

39-1436 Same; access to relevant records; confidentiality requirements.

39-1437 Same; protective services; duties of secretary of social and rehabilitation services; injunction.

39-1438 Same; when protective services accepted or declined.

39-1439 Same; district court appointment of attorney to represent involved adult, when.

39-1440 Same; review subsequent to authorization of protective services; continuation of protective services; reevaluations.

39-1441 Same; authority of secretary for children and families; toll-free telephone number.

39-1442 Same; least restrictive actions to be taken.

39-1443 Same; investigation of reports; coordination and cooperation between agencies.