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 n
39-1431
39-1431. Abuse, neglect orexploitation of certain adults; reporting abuse, neglect or exploitation orneed 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, thechief administrative officer of a medical care facility, a teacher, a licensedsocial worker, a licensed professional nurse, a licensed practical nurse, alicensed dentist, a licensed marriage and family therapist, a licensed clinicalmarriage and family therapist, licensed professional counselor, licensedclinical professional counselor, registered alcohol and drug abuse counselor, alaw enforcement officer, a case manager, a rehabilitation counselor, a banktrust officer or any other officers of financialinstitutions, a legal representative, a governmental assistance provider,an owner or operator of a residential care facility, an independent livingcounselor and the chief administrative officer of a licensed home healthagency, the chief administrative officer of an adult family home and the chiefadministrative officer of a provider of community services and affiliatesthereof operated or funded by the department of social and rehabilitationservices or licensed under K.S.A. 75-3307b and amendments thereto who hasreasonable 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 reportof such information to be made in any reasonable manner. An employee of adomestic violence center shall not be required to report information or cause areport of information to be made under this subsection. Other state agenciesreceiving reports that are to be referred to the department of social andrehabilitation 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 tothe department of social and rehabilitation services during the normal workingweek days and hours of operation. Reports shall be made to law enforcementagencies during the time social and rehabilitation services are not inoperation. Law enforcement shall submit the report and appropriate informationto the department of social and rehabilitation services on the first workingday that social and rehabilitation services is in operation after receipt ofsuch information.
(b) The report made pursuant to subsection (a) shall contain the name andaddress of the person making the report and of the caretaker caring for theinvolved adult, the name and address of the involved adult, informationregarding the nature and extent of the abuse, neglect or exploitation, the nameof the next of kin of the involved adult, if known, and any other informationwhich the person making the report believes might be helpful in theinvestigation of the case and the protection of the involved adult.
(c) Any other person, not listed in subsection (a), having reasonablecause 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 suchinformation to the department of social and rehabilitation services. Reportsshall be made to law enforcement agencies during the time social andrehabilitation services are not in operation.
(d) A person making a report under subsection (a) shall not berequired 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 ofinformation to be made under subsection (a) who knowingly fails tomake such report or cause such report not to be made shall be guilty of aclass B misdemeanor.
(f) Notice of the requirements of this act and the department to which areport is to be made under this act shall be posted in a conspicuouspublic place in every adult family home as defined in K.S.A. 39-1501 andamendments thereto and every provider of community services and affiliatesthereof operated or funded by the department of social and rehabilitationservices or other facility licensed under K.S.A. 75-3307b and amendmentsthereto, 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.