reglab/housing_qa huggingface dataset:
KS Stat § 39-1412 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons|39-1412 Transfer of certain powers, duties and functions of secretary of health and environment to secretary of aging; preservation of certain actions.

39-1412. Transfer of certain powers, duties and functions of secretary of health and environment to secretary of aging; preservation of certain actions. (a) On July 1, 2003, certain powers, duties and functions of the secretary of health and environment under K.S.A. 39-1401 through 39-1411, and amendments thereto, are hereby transferred from the secretary of health and environment to the secretary of aging, as provided by this act.(b) No suit, action or other proceeding, judicial or administrative, which pertains to any of the transferred reporting of abuse, neglect or exploitation of adult care home residents, which is lawfully commenced, or could have been commenced, by or against the secretary of health and environment in such secretary's official capacity or in relation to the discharge of such secretary's official duties, shall abate by reason of the transfer of such program. The secretary of aging shall be named or substituted as the defendant in place of the secretary of health and environment in any suit, action or other proceeding involving claims arising from facts or events first occurring either on or before the date the pertinent program is transferred or on any date thereafter.(c) No suit, action or other proceeding, judicial or administrative, pertaining to the reporting of abuse, neglect or exploitation of adult care home residents which otherwise would have been dismissed or concluded shall continue to exist by reason of any transfer under this act.(d) Any final appeal decision of the department of health and environment entered pursuant to K.S.A. 39-1401 et seq., and amendments thereto, or the Kansas judicial review act, K.S.A. 77-601 et seq., and amendments thereto, currently pertaining to reporting of abuse, neglect or exploitation of adult care home residents, transferred pursuant to this act shall be binding upon and applicable to the secretary of aging and the department on aging.History: L. 2003, ch. 149, § 25; L. 2010, ch. 17, § 65; July 1.
KS Stat § 39-1432 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons|39-1432 Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report; attorney fees awarded, when.

39-1432. Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report; attorney fees awarded, when. (a) Anyone participating in the making of any report pursuant to this act, or in any follow-up activity to the report, including providing records upon request of the Kansas department for children and families, or investigation of such report or who testifies in any administrative or judicial proceeding arising from such report shall not be subject to any civil liability on account of such report, investigation or testimony, unless such person acted in bad faith or with malicious purpose.(b) No employer shall terminate the employment of, prevent or impair the practice or occupation of or impose any other sanction on any employee solely for the reason that such employee made or caused to be made a report, or cooperated with an investigation, under this act. A court, in addition to other damages and remedies, may assess reasonable attorney fees against an employer who has been found to have violated the provisions of this subsection.History: L. 1989, ch. 129, § 3; L. 2003, ch. 91, § 13; L. 2004, ch. 153, § 1; L. 2014, ch. 115, § 169; July 1.
KS Stat § 39-1434 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons|39-1434 Statewide register; report, assessment or written evaluation not public record; disclosure of certain individuals prohibited.

39-1434. Statewide register; report, assessment or written evaluation not public record; disclosure of certain individuals prohibited. (a) The secretary for children and families shall maintain a statewide register of the reports, assessments received and the analyses, evaluations and the actions recommended. The register shall be available for inspection by personnel of the Kansas department for children and families and as provided in K.S.A. 65-6205, and amendments thereto.(b) Neither the report, assessment or the written evaluation analysis shall be deemed a public record or be subject to the provisions of the open records act. The name of the person making the original report or any person mentioned in such report shall not be disclosed unless the person making the original report specifically requests or agrees in writing to such disclosure or unless a judicial proceeding results therefrom. No information contained in the statewide register shall be made available to the public in such a manner as to identify individuals.History: L. 1989, ch. 129, § 5; L. 1997, ch. 161, § 7; L. 2014, ch. 115, § 171; July 1.
KS Stat § 39-1435 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons|39-1435 Same; assistance of state departments and agencies and other public and private agencies; law enforcement assistance.

39-1435. Same; assistance of state departments and agencies and other public and private agencies; law enforcement assistance. In performing the duties set forth in this act, the secretary for children and families may request the assistance of all state departments, agencies and commissions and may utilize any other public or private agencies, groups or individuals who are appropriate and who may be available. Law enforcement shall be contacted to assist the Kansas department for children and families when the information received on the report indicates that an adult, residing in such adult's own home or the home of another individual, an adult family home, a community development disabilities facility or residential facility is in a life threatening situation.History: L. 1989, ch. 129, § 6; L. 1998, ch. 200, § 11; L. 2014, ch. 115, § 172; July 1.
KS Stat § 39-1436 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|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.
KS Stat § 39-1437 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons|39-1437 Same; protective services; duties of secretary of social and rehabilitation services; injunction.

39-1437. Same; protective services; duties of secretary of social and rehabilitation services; injunction. (a) If the secretary determines that an involved adult is in need of protective services, the secretary shall provide the necessary protective services if the adult consents, or if the adult lacks capacity to consent, the secretary may obtain consent from such adult's legal representative. If the involved adult fails to consent and the secretary has reason to believe that the involved adult lacks capacity to consent, the secretary shall determine whether a petition for appointment of a guardian or conservator, or both, should be filed. If such determination is made, the secretary may petition the district court for appointment of a guardian or conservator, or both, for an involved adult pursuant to the provisions of the act for obtaining a guardian or conservator, or both.(b) If the caretaker or legal representative of an involved adult who has consented to the receipt of reasonable and necessary protective services refuses to allow the provision of such services to the adult, the secretary may seek an injunction enjoining the caretaker or legal representative from interfering with the provision of protective services to the adult. The petition in such action shall allege specific facts sufficient to show that the adult is in need of protective services and consents to their provision and that the caretaker or legal representative refuses to allow the provision of such services. If the judge finds, by clear and convincing evidence, that the adult is in need of protective services and has been prevented by the caretaker or legal representative from receiving such services, the judge shall issue an order enjoining the caretaker or legal representative from interfering with the provision of protective services to the adult. The court may appoint a new legal representative, if the court deems that it is in the best interest of the adult.History: L. 1989, ch. 129, § 8; L. 2003, ch. 91, § 16; July 1.
KS Stat § 39-1438 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons|39-1438 Same; when protective services accepted or declined.

39-1438. Same; when protective services accepted or declined. If an involved adult does not agree to accept reasonable and necessary protective services, or if such adult states during the course of service delivery that such adult does not want to proceed with such services, such services shall not be provided or continued.History: L. 1989, ch. 129, § 9; L. 2021, ch. 81, § 6; July 1.
KS Stat § 39-1439 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons|39-1439 Same; district court appointment of attorney to represent involved adult, when.

39-1439. Same; district court appointment of attorney to represent involved adult, when. In any proceeding in district court pursuant to provisions of this act, the district court shall appoint an attorney to represent the involved adult if the adult is without other legal representation.History: L. 1989, ch. 129, § 10; July 1.
KS Stat § 39-1440 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons|39-1440 Same; review subsequent to authorization of protective services; continuation of protective services; reevaluations.

39-1440. Same; review subsequent to authorization of protective services; continuation of protective services; reevaluations. Subsequent to the authorization for the provision of necessary protective services, the secretary shall initiate a review of each case within 60 days to determine where continuation of, or modification in, the services provided is warranted. A decision to continue the provision of such services shall comply with the consent provisions of this act. Reevaluations of the need for protective services shall be made not less than every six months thereafter.History: L. 1989, ch. 129, § 11; L. 1998, ch. 200, § 12; July 1.
KS Stat § 39-1441 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons|39-1441 Same; authority of secretary for children and families; toll-free telephone number.

39-1441. Same; authority of secretary for children and families; toll-free telephone number. The authority of the secretary under this act includes, but is not limited to, the right to initiate or otherwise take those actions necessary to assure the health, safety and welfare of an involved adult, subject to any specific requirements for individual consent of the adult. The secretary may establish a toll-free telephone number for the reporting of instances of abuse, neglect or financial exploitation under this act.History: L. 1989, ch. 129, § 12; L. 2021, ch. 81, § 7; July 1.
KS Stat § 39-1442 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons|39-1442 Same; least restrictive actions to be taken.

39-1442. Same; least restrictive actions to be taken. Any actions taken under this act shall be consistent with providing protective services and accommodations in a manner no more restrictive of an individual's personal liberty and no more intrusive than necessary to achieve acceptable and treatment objectives.History: L. 1989, ch. 129, § 13; July 1.
KS Stat § 39-1443 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons|39-1443 Same; investigation of reports; coordination and cooperation between agencies.

39-1443. Same; investigation of reports; coordination and cooperation between agencies. (a) The Kansas department for children and families and law enforcement officers shall have the duty to receive and investigate reports of adult abuse, neglect or financial exploitation for the purpose of determining whether the report is valid and whether action is required to protect the adult from further abuse, neglect or financial exploitation. If the department and such officers determine that no action is necessary to protect the adult but that a criminal prosecution should be considered, the department and such law enforcement officers shall make a report of the case to the appropriate law enforcement agency.(b) (1) When a report of adult abuse, neglect or financial exploitation indicates that there is serious physical injury to or serious deterioration or sexual abuse or financial exploitation of the adult and that action may be required to protect the adult, the investigation may be conducted as a joint effort between the Kansas department for children and families and the appropriate law enforcement agency or agencies, with a free exchange of information between such agencies.(2) Upon completion of the investigation by the law enforcement agency, a full report shall be provided to the Kansas department for children and families.(c) If a dispute develops between agencies investigating a reported case of adult abuse, neglect or financial exploitation, the appropriate county or district attorney shall take charge of, direct and coordinate the investigation.(d) Any investigation by a law enforcement agency involving a facility subject to licensing or regulation by the secretary of health and environment shall be reported promptly to the secretary of health and environment, upon conclusion of the investigation or sooner if such report does not compromise the investigation.(e) Law enforcement agencies and the Kansas department for children and families shall assist each other in taking action that is necessary to protect the adult regardless of which party conducted the initial investigation.History: L. 2003, ch. 91, § 1; L. 2014, ch. 115, § 174; L. 2021, ch. 81, § 8; July 1.
KS Stat § 39-1501 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 15 - Adult Family Homes|39-1501 Adult family homes; definitions.

39-1501. Adult family homes; definitions. As used in this act:(a) "Adult family home" means a private residence in which care is provided for not less than 24 hours in any week for one or two adult clients who: (1) Are not related within the third degree of relationship to the owner or provider by blood or marriage; and (2) by reason of aging, illness, disease or physical or mental infirmity are unable to live independently but are essentially capable of managing their own care and affairs. The home does not furnish skilled nursing care, supervised nursing care or personal care. Adult family home does not mean adult care home.(b) "Skilled nursing care," "supervised nursing care" and "personal care" have the meanings respectively ascribed thereto in K.S.A. 39-923, and amendments thereto.(c) "Physician" means any person licensed by the state board of healing arts to practice medicine and surgery.(d) "Secretary" means the secretary for aging and disability services.History: L. 1983, ch. 142, § 1; L. 1995, ch. 143, § 3; L. 2014, ch. 115, § 175; July 1.
KS Stat § 39-1502 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 15 - Adult Family Homes|39-1502 Same; registration; forms.

39-1502. Same; registration; forms. Any person maintaining an adult family home shall apply for registration of such home with the secretary on forms furnished by the secretary.History: L. 1983, ch. 142, § 2; April 21.
KS Stat § 39-1503 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 15 - Adult Family Homes|39-1503 Same; registration; application for renewal; duties of secretary.

39-1503. Same; registration; application for renewal; duties of secretary. (a) Upon receipt of an application for registration of a private residence as an adult family home and upon certification by the applicant that no person residing therein has an infectious or communicable disease or health condition, the secretary shall determine the suitability of the residence for registration as an adult family home. If the secretary determines that the residence for which registration is sought, and the applicant therefor, can satisfactorily meet the requirements provided in K.S.A. 39-1504, the secretary shall register the residence as an adult family home annually from the date of such registration.(b) Application for renewal of the registration shall be made to the secretary no later than 30 days prior to the annual expiration of that registration. The secretary, within 15 days of the receipt of such application, shall cause to be made an on-site investigation of the residence. If the secretary determines that the requirements of subsection (a) of this section are met, the secretary shall again register the residence as an adult family home.History: L. 1983, ch. 142, § 3; April 21.
KS Stat § 39-1505 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 15 - Adult Family Homes|39-1505 Same; assessing compliance; suspension or revocation of registration; unannounced inspections.

39-1505. Same; assessing compliance; suspension or revocation of registration; unannounced inspections. (a) The secretary may enter an adult family home at any time determined by the secretary to be necessary for the purpose of assessing compliance with the requirements provided in K.S.A. 39-1504.(b) If at any time the secretary determines that inadequate care is being provided to a client by an adult family home, the secretary may suspend or revoke the registration of the adult family home or provide protective services for the client in accordance with the provisions of article 14 of chapter 39 of Kansas Statutes Annotated or may take both such actions.(c) Authorized agents and representatives of the secretary shall conduct at least one unannounced inspection of each adult family home during each year for the purpose of determining whether the adult family home is complying with the provisions of this act and applicable rules and regulations relating to the health and safety of the clients of the adult family home.History: L. 1983, ch. 142, § 5; April 21.
KS Stat § 39-1601 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 16 - Mental Health Reform|39-1601 Citation of act.

39-1601. Citation of act. K.S.A. 39-1601 through 39-1612 and amendments thereto shall be known and may be cited as the mental health reform act.History: L. 1990, ch. 92, § 1; July 1.
KS Stat § 39-1606 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 16 - Mental Health Reform|39-1606 Meetings of governor's behavioral health services planning council; duties of council; visits to state psychiatric hospitals and other providers; annual reports.

39-1606. Meetings of governor's behavioral health services planning council; duties of council; visits to state psychiatric hospitals and other providers; annual reports. (a) The governor's behavioral health services planning council shall hold regular quarterly meetings and such other meetings as the chairperson of such council deems advisable, and in addition shall meet at such other times upon the call of the secretary.(b) It is the duty of the governor's behavioral health services planning council to:(1) Confer, advise and consult with the secretary with respect to the policies governing the management and operation of all state psychiatric hospitals and facilities and community based behavioral health services;(2) serve as an advocate for targeted population members and other individuals with mental illness, behavioral health or emotional problems;(3) monitor, review and evaluate, not less than once each year, the allocation and adequacy of behavioral health services within the state;(4) perform such other planning, reviewing and evaluating of behavioral health services in this state, as may be requested by the secretary or as may be prescribed by law; and(5) consult with and advise the governor, from time to time, with reference to the management, conduct and operation of state psychiatric hospitals and behavioral health programs.(c) A member or members of the governor's behavioral health services planning council, at least once each year, shall visit each state psychiatric hospital and may visit other providers of community based behavioral health services for the purpose of inspecting the state psychiatric hospital, mental health center or the facility of other such providers of community based behavioral health services. Such visits shall be made at such times and in such manner as the council determines at a regular meeting.(d) The governor's behavioral health services planning council shall make annual reports to the governor and the members of the legislature and may make such recommendations as it deems advisable for appropriate legislation.History: L. 1990, ch. 92, § 6; L. 2013, ch. 54, § 2; July 1.