Statute 39-1431: Abuse, neglect or
exploitation of certain adults; reporting abuse, neglect or exploitation or
need of protective services; persons required to report;
penalty for failure to report; posting notice of requirements of act.
(a) Any person who is licensed to practice any branch of the healing arts,
a licensed psychologist,
a licensed master level psychologist, a licensed clinical psychotherapist, the
chief administrative officer of a medical care facility, a teacher, a licensed
social worker, a licensed professional nurse, a licensed practical nurse, a
licensed dentist, a licensed marriage and family therapist, a licensed clinical
marriage and family therapist, licensed professional counselor, licensed
clinical professional counselor, registered alcohol and drug abuse counselor, a
law enforcement officer, a case manager, a rehabilitation counselor, a bank
trust officer or any other officers of financial
institutions, a legal representative, a governmental assistance provider,
an owner or operator of a residential care facility, an independent living
counselor and the chief administrative officer of a licensed home health
agency, the chief administrative officer of an adult family home and the chief
administrative officer of a provider of community services and affiliates
thereof operated or funded by the department of social and rehabilitation
services or licensed under
K.S.A. 75-3307b and amendments thereto who has
reasonable cause to believe that an adult is being or has been abused,
neglected or exploited or is in need of protective services shall report,
immediately from receipt of the information, such information or cause a report
of such information to be made in any reasonable manner. An employee of a
domestic violence center shall not be required to report information or cause a
report of information to be made under this subsection. Other state agencies
receiving reports that are to be referred to the department of social and
rehabilitation services and the appropriate law enforcement agency,
shall submit the report to the department and agency within six hours,
during normal work days, of receiving the information. Reports shall be made to
the department of social and rehabilitation services during the normal working
week days and hours of operation. Reports shall be made to law enforcement
agencies during the time social and rehabilitation services are not in
operation. Law enforcement shall submit the report and appropriate information
to the department of social and rehabilitation services on the first working
day that social and rehabilitation services is in operation after receipt of
such information.
(b) The report made pursuant to subsection (a) shall contain the name and
address of the person making the report and of the caretaker caring for the
involved adult, the name and address of the involved adult, information
regarding the nature and extent of the abuse, neglect or exploitation, the name
of the next of kin of the involved adult, if known, and any other information
which the person making the report believes might be helpful in the
investigation of the case and the protection of the involved adult.
(c) Any other person, not listed in subsection (a), having reasonable
cause to suspect or believe that an adult is being or has been abused,
neglected or exploited or is in need of protective services may report such
information to the department of social and rehabilitation services. Reports
shall be made to law enforcement agencies during the time social and
rehabilitation services are not in operation.
(d) A person making a report under subsection (a) shall not be
required to make a report under K.S.A. 39-1401 to 39-1410, inclusive,
and amendments thereto.
(e) Any person required to report information or cause a report of
information to be made under subsection (a) who knowingly fails to
make such report or cause such report not to be made shall be guilty of a
class B misdemeanor.
(f) Notice of the requirements of this act and the department to which a
report is to be made under this act shall be posted in a conspicuous
public place in every adult family home as defined in K.S.A. 39-1501 and
amendments thereto and every provider of community services and affiliates
thereof operated or funded by the department of social and rehabilitation
services or other facility licensed under K.S.A. 75-3307b and amendments
thereto, and other institutions included in subsection (a).
History: L. 1989, ch. 129, § 2;
L. 1998, ch. 200, § 9;
L. 2001, ch. 154, § 4;
L. 2003, ch. 91, § 12; July 1.