Child Abuse Reporting Laws for Kansas

State and Statute: Kansas, Stats. §§ 38-2223 et seq.

What Is Reportable "Abuse": Physical, mental, or emotional abuse, neglect, or sexual abuse. [38-2223]

Mandatory Reporters: Includes teachers, school administrators, other employees of a school, licensed counselors, or employees of licensed child care facilities. [38-2223(a)]

How and Where to Report: Orally (followed by a written report if requested) to the secretary for the Department for Children and Families, or to the appropriate law enforcement agency if after business hours. [38-2223(b)(c)(1)] The state provides a 24-hour, toll-free hotline (1-800-922-5330) and also makes an online form for mandated reporters available: https://fw7.harmonyis.net/KansasLiveWebIntake/.

Timeline to Report: Promptly [38-2223(a)]

Clergy Privilege: No reference.

Penalty for Knowingly Failing to Report: “It is not a defense that another mandatory reporter made a report.” Class B misdemeanor [38-2223(a)]

Civil Liability for Failure to Report Recognized? No statute recognizes civil liability. Consult with legal counsel to ensure no recent court decisions in Kansas have recognized civil liability.

Immunity for Inaccurate Report: "Anyone who, without malice, participates in the making of a report to the secretary or a law enforcement agency … shall have immunity from any civil liability that might otherwise be incurred or imposed." [38-2223(f)]

Disclosure of Mandatory Reporter’s Identity: “The records identified in this section shall be confidential and shall not be disclosed” [38-2209]