reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1108 Same; use of service dog by person with disability.

39-1108.
Same; use of service dog by person with disability.
Every person with a disability shall have the right to be accompanied by a service dog, specially selected, trained and tested for the purpose which shall include, but not be limited to, pulling a wheelchair, opening doors and picking up objects, in or upon any of the places listed in K.S.A. 39-1101, and amendments thereto, in the acquisition and use of rental, residential housing and in the purchase and use of residential housing without being required to pay an extra charge for the service dog. Such person shall be liable for any damage done to the premises by such dog.
History:
L. 1989, ch. 127, § 1; L. 1992, ch. 205, § 14; L. 2003, ch. 64, § 6; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1109 Use of assistance dog while training.

39-1109.
Use of assistance dog while training.
Any professional trainer, from a recognized training center, of an assistance dog, while engaged in the training of such dog, shall have the right to be accompanied by such dog in or upon any of the places listed in K.S.A. 39-1101, and amendments thereto, without being required to pay an extra charge for such dog. Such trainer shall be liable for any damage done to the premises of facilities by such dog.
History:
L. 1992, ch. 205, § 12; L. 2003, ch. 64, § 7; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1110 Use of professional therapy dog while training.

39-1110.
Use of professional therapy dog while training.
Any qualified handler of a professional therapy dog when accompanied by such dog and when using any conveyance of public transportation available to all members of the general public, and when renting and using accommodations in motels, hotels and other temporary lodging places shall have the right to be accompanied by such dog in such places. Any owner or employee of a business or retail establishment to which the public is invited, including establishments which serve or sell food, shall admit a professional therapy dog, accompanied by its qualified handler, to the business. The qualified handler shall be liable for any damage done by the dog to any such conveyance or facility.
History:
L. 2003, ch. 64, § 8; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1112 Unlawful misrepresentations.

39-1112.
Unlawful misrepresentations.
It is a class A nonperson misdemeanor for any person to:
(a) Represent that such person has the right to be accompanied by an assistance dog in or upon any place listed in K.S.A. 39-1101, and amendments thereto, or that such person has a right to be accompanied by a professional therapy dog in or upon any place listed in K.S.A. 39-1110, and amendments thereto, unless such person has the right to be accompanied in or upon such place by such dog pursuant to this act; or
(b) represent that such person has a disability for the purpose of acquiring an assistance dog unless such person has such disability.
History:
L. 2003, ch. 64, § 10; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1113 Assistance dogs and professional therapy dogs; definitions.

39-1113.
Assistance dogs and professional therapy dogs; definitions.
As used in this act and in K.S.A. 39-1101 through 39-1109, and amendments thereto:
(a) "Assistance dog" means any guide dog, hearing assistance dog or service dog.
(b) "Guide dog" means a dog which has been specially selected, trained and tested for the purpose of guiding a person who is legally blind.
(c) "Hearing assistance dog" means a dog which is specially selected, trained and tested to alert or warn individuals who are deaf or hard of hearing to specific sounds.
(d) "Professional therapy dog" means a dog which is selected, trained and tested to provide specific physical or therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team, and as a part of the handler's occupation or profession. Such dogs, with their handlers, perform such functions in institutional settings, community based group settings, or when providing services to specific persons who have disabilities. "Professional therapy dog" does not include dogs, certified or not, which are used by volunteers for pet visitation therapy.
(e) "Service dog" means a dog which has been specially selected, trained and tested to perform a variety of tasks for persons with disabilities. These tasks include, but are not limited to: Pulling wheelchairs, lending balance support, picking up dropped objects or providing assistance in, or to avoid, a medical crisis, or to otherwise mitigate the effects of a disability.
(f) The presence of a dog for comfort, protection or personal defense does not qualify a dog as being trained to mitigate an individual's disability and therefor does not qualify the dog as an assistance dog covered under the provisions of this act.
History:
L. 2003, ch. 64, § 1; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1114 Children parented by blind individuals; purpose of act; legislative findings.

39-1114. Children parented by blind individuals; purpose of act; legislative findings.
(a) The purpose of K.S.A. 2023 Supp. 39-1114 through 39-1116, and amendments thereto, is to protect the best interests of children parented by blind individuals or children who could be parented by blind individuals through the establishment of procedural safeguards that require adherence to the federal Americans with disabilities act of 1990, and respect for the due process and equal protection rights of parents and prospective parents who are blind in the context of child welfare, foster care, family law and adoption.
(b) The legislature hereby finds and declares that:
(1) Blind individuals continue to face unfair, preconceived and unnecessary societal biases as well as antiquated attitudes regarding such individuals' ability to successfully parent their children;
(2) blind individuals face these biases and preconceived attitudes in family and dependency law proceedings where legal custody, residency and parenting time are at stake and in public and private adoption, guardianship and foster care proceedings;
(3) because of these societal biases and antiquated attitudes, children of blind parents are unnecessarily being removed from their parents' care or being restricted from enjoying meaningful time with their parents; and
(4) children are being denied the opportunity to enjoy the experience of living in loving homes with blind parents or other blind caretakers.
History:
L. 2022, ch. 75, § 1; April 28.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1115 Same; definitions.

39-1115. Same; definitions.
As used in K.S.A. 2023 Supp. 39-1114 through 39-1116, and amendments thereto:
(a) "Blind" or "blindness" means a central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye that has a limitation in the field of vision so that the widest diameter of the visual field subtends an angle no greater than 20 degrees is considered to have a central visual acuity of 20/200 or less. The term "blind" or "blindness" includes any degenerative condition that reasonably can be expected to result in blindness.
(b) "Family foster home" means a child care facility that is a private residence, including any adjacent grounds, where a person provides care for 24 hours per day for one or more children in foster care and for which a license is required under K.S.A. 65-501 et seq., and amendments thereto.
(c) "Supportive parenting services" means services, including, but not limited to, services, aids and supports that may assist a parent or prospective parent who is blind in the effective use of non-visual techniques and other alternative methods to enable the parent or prospective parent to discharge parental responsibilities as successfully as a parent who is not blind.
History:
L. 2022, ch. 75, § 2; April 28.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 12 - Rehabilitation Programs For Adults With Intellectual And Other Disabilities › 39-1201 Purpose of act.

39-1201. Purpose of act.
The purpose of this act will be to aid in development, maintenance, improvement or expansion of rehabilitation facilities and half-way houses serving adults with intellectual and other disabilities in this state.
History:
L. 1969, ch. 227, § 1; L. 2012, ch. 91, § 26; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 12 - Rehabilitation Programs For Adults With Intellectual And Other Disabilities › 39-1202 Secretary for aging and disability services designated as official to accept and disburse funds.

39-1202. Secretary for aging and disability services designated as official to accept and disburse funds.
The secretary for aging and disability services, hereinafter referred to as the secretary, is hereby designated as the official of this state authorized to accept and disburse funds made available to said secretary for grants in aid to eligible local community organizations for rehabilitation facilities and half-way houses for adults with intellectual and other disabilities. The secretary is authorized to accept any moneys made available to the state by the federal government or any agency thereof, and to accept and account for state appropriations, gifts and donations from any other sources.
History:
L. 1969, ch. 227, § 2; L. 2012, ch. 91, § 27; L. 2014, ch. 115, § 154; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 12 - Rehabilitation Programs For Adults With Intellectual And Other Disabilities › 39-1204 Secretary not to exercise authority until funds available and standards satisfied; assumption of obligations by local authorities.

39-1204.
Secretary not to exercise authority until funds available and standards satisfied; assumption of obligations by local authorities.
The secretary shall make no commitment nor enter into any agreement pursuant to exercising authority under this act until the secretary determines that sufficient funds are available to meet the state's share of the cost. The secretary shall not enter into any such agreement until the secretary determines that standards approved by the secretary have been satisfied. The secretary shall also receive assurance that the local community organizations applying for grants-in-aid have sufficient funds available to meet any obligations assumed under the agreement.
History:
L. 1969, ch. 227, § 4; L. 1984, ch. 293, § 4; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 12 - Rehabilitation Programs For Adults With Intellectual And Other Disabilities › 39-1205 Purpose of grants-in-aid.

39-1205. Purpose of grants-in-aid.
The purpose of grants-in-aid shall be: (a) To encourage the development of local community initiative in broadening the scope of noninstitutional care and training programs for people with intellectual or other disabilities; (b) to maintain minimum standards in the operation of such programs; (c) to review the experiences of the individual community programs as they develop or maintain their programs; (d) to foster the progress of rehabilitation programs and half-way house programs to higher levels of quality and service. Grants-in-aid under the provisions of this act shall only supplement funds, shall not exceed 1/2 of the cost of operating expense of rehabilitation facilities or half-way houses for adults with intellectual or other disabilities and shall not be used for the purchase or construction of buildings.
History:
L. 1969, ch. 227, § 5; L. 2012, ch. 91, § 28; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 12 - Rehabilitation Programs For Adults With Intellectual And Other Disabilities › 39-1206 Rehabilitation facilities defined.

39-1206.
Rehabilitation facilities defined.
Rehabilitation facilities shall be those which conduct a program of rehabilitation for individuals whose earning capacity is impaired by age, or physical or mental deficiency, or injury, or cultural deprivation, or emotional instability. These programs may provide remunerative employment or other occupational evaluation and training for educational or therapeutic activities. The half-way house may or may not be affiliated with a rehabilitation facility.
History:
L. 1969, ch. 227, § 6; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 12 - Rehabilitation Programs For Adults With Intellectual And Other Disabilities › 39-1207 Eligible local community organizations defined.

39-1207. Eligible local community organizations defined.
Eligible local community organizations shall be organizations which are nonprofit, charitable agencies, operating sheltered workshop programs and half-way house programs under private auspices and serving people with intellectual or other disabilities without regard to race, religion, color, ancestry or national origin. Such organizations shall be licensed in accordance with the provisions of existing statutes.
History:
L. 1969, ch. 227, § 7; L. 2012, ch. 91, § 29; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 12 - Rehabilitation Programs For Adults With Intellectual And Other Disabilities › 39-1208 Agreements with and grants-in-aid to charitable organizations for employment of disabled persons.

39-1208. Agreements with and grants-in-aid to charitable organizations for employment of disabled persons.
The secretary for children and families, subject to appropriations made for such purposes by the legislature, is hereby authorized to enter into agreements with and to make grants-in-aid to organizations or institutions engaging in charitable and benevolent activities, with the purpose of developing employment for persons with physical disabilities in Kansas, including adults with severe cerebral palsy. Contracts entered into by the secretary for children and families may provide for the purchase of land, including improved property, construction or alteration of improvements thereon, and the purchase or lease of equipment required for operation of facilities for the use of disabled persons.
History:
L. 1974, ch. 370, § 1; L. 2014, ch. 115, § 155; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 12 - Rehabilitation Programs For Adults With Intellectual And Other Disabilities › 39-1209 Same; local government or state agency purchase of products from organizations approved for grants-in-aid.

39-1209. Same; local government or state agency purchase of products from organizations approved for grants-in-aid.
If articles or products are purchased by a local governmental agency or a state agency from an institution or organization approved for a grant-in-aid under this act, the secretary for children and families may request waiver of competitive bid requirements and in the case of state agencies the director of purchases is authorized to waive such conditions if he determines that it would be in the public interest to negotiate at current supply prices. All such purchases by state agencies shall be made through the division of purchases of the state department of administration.
History:
L. 1974, ch. 370, § 2; L. 2014, ch. 115, § 156; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 12 - Rehabilitation Programs For Adults With Intellectual And Other Disabilities › 39-1210 Furnishing or selling surplus equipment, supplies and materials to organizations designated in K.S.A. 39-1208 for manufacturing certain motor-vehicle plates and decals; disposition of moneys.

39-1210.
Furnishing or selling surplus equipment, supplies and materials to organizations designated in K.S.A. 39-1208 for manufacturing certain motor-vehicle plates and decals; disposition of moneys.
(a) In the event that any organization or institution designated in K.S.A. 39-1208, and amendments thereto, is a party to any contract authorized by K.S.A. 8-147, and amendments thereto, for the manufacture and distribution of motor-vehicle number plates, registration decals, prorate license plates and prorate backing plates, the secretary of corrections shall transfer all surplus equipment, supplies and materials used in the manufacture or distribution of said plates or decals to the secretary of revenue who may furnish such equipment pursuant to long-term lease agreements to any such organization or institution and may sell such supplies and materials to any such organization or institution if such contract provides therefor. Any sale of such supplies and materials shall be at a price agreed upon by the secretary of revenue and such institution or organization in the contract for sale, and such contract shall not be subject to the provisions of K.S.A. 75-3739, and amendments thereto.
(b) All moneys received by the secretary of revenue pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the correctional industries account.
History:
L. 1974, ch. 370, § 3; L. 1975, ch. 35, § 3; L. 2001, ch. 5, § 112; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 13 - Community Based Services For Children › 39-1301 Purpose of act.

39-1301.
Purpose of act.
(a) The purpose of this act shall be to aid in development, maintenance, improvement or expansion of community based group boarding homes for children and youth and community based services for children and youth in this state.
(b) Any community based group boarding homes for children and youth that provide services for juvenile offenders only pursuant to K.S.A. 39-1301 et seq., and amendments thereto, shall be under the authority of the commissioner of juvenile justice for the purposes of K.S.A. 39-1301 et seq., and amendments thereto. All other community based group boarding homes for children and youth shall be under the authority of the secretary for the purposes of K.S.A. 39-1301 et seq., and amendments thereto.
History:
L. 1973, ch. 190, § 1; L. 1996, ch. 229, § 106; July 1, 1997.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 13 - Community Based Services For Children › 39-1302 Secretary for children and families authorized to accept and disburse grant-in-aid funds, gifts and appropriations to organizations providing group boarding homes and services for children and youth.

39-1302. Secretary for children and families authorized to accept and disburse grant-in-aid funds, gifts and appropriations to organizations providing group boarding homes and services for children and youth.
The secretary for children and families, referred to in this act as secretary, is hereby designated as the official agency of this state authorized to accept and disburse funds made available to the secretary or the commissioner of juvenile justice for grants-in-aid to eligible local community organizations for community based group boarding homes for children and youth or to eligible local community based services for children and youth. The secretary may accept any moneys made available to the state by the federal government or any agency thereof and accept and account for state appropriations, gifts and donations from any other sources.
History:
L. 1973, ch. 190, § 2; L. 1996, ch. 229, § 107; L. 2014, ch. 115, § 157; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 13 - Community Based Services For Children › 39-1303 Agreements by secretary or commissioner, conditions; standards for homes and services; publication; availability of local funds.

39-1303.
Agreements by secretary or commissioner, conditions; standards for homes and services; publication; availability of local funds.
The secretary or the commissioner of juvenile justice shall make no commitment nor enter into any agreement under authority of this act until the secretary or commissioner has determined that sufficient funds have been appropriated to meet the state's share of the cost thereof. The secretary or commissioner shall not enter into any such agreement until the secretary or commissioner has published standards relating to such homes and services, and such standards have been complied with by those with whom such contracts are made. The secretary or commissioner shall not enter into any such agreement until the secretary or commissioner has been provided adequate assurance that the local organizations applying for aid has sufficient funds available to meet any obligations assumed under the agreement entered into.
History:
L. 1973, ch. 190, § 3; L. 1996, ch. 229, § 108; July 1, 1997.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 13 - Community Based Services For Children › 39-1304 Purpose of grants-in-aid.

39-1304.
Purpose of grants-in-aid.
The purpose of grants-in-aid made under this act shall be: (a) To encourage the development of local community initiative in establishing, maintaining, and operating community based group boarding homes for children and youth or community based services for children and youth; (b) to maintain minimum standards for the operations of such programs; (c) to review the experience of individual programs as they develop; (d) to foster the progress of community based group boarding homes for children and youth and community based services to children and youth to successively higher levels of quality and service.
History:
L. 1973, ch. 190, § 4; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 13 - Community Based Services For Children › 39-1305 Community based group boarding homes for children and youth; defined.

39-1305.
Community based group boarding homes for children and youth; defined.
"Community based group boarding homes for children and youth" means any shelter facility, juvenile detention facility or youth residential facility, as defined by K.S.A. 38-2202 and 38-2302, and amendments thereto.
History:
L. 1973, ch. 190, § 5; L. 1982, ch. 182, § 134; L. 2006, ch. 169, § 113; L. 2007, ch. 195, § 25; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 13 - Community Based Services For Children › 39-1306 Eligibility for grants-in-aid, conditions.

39-1306.
Eligibility for grants-in-aid, conditions.
To be eligible for grants-in-aid under this act, local community organizations shall be organizations which are nonprofit charitable agencies operating community based group boarding homes for children and youth or providing community based services for children and youth under public or private auspices (excluding public schools), and serving eligible children and youth without regard to race, religion, or color, or national origin. In the case of boarding homes, to be eligible hereunder, any such organization shall be licensed in accordance with the provisions of article 5 of chapter 65 of the Kansas Statutes Annotated.
History:
L. 1973, ch. 190, § 6; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 13 - Community Based Services For Children › 39-1307 Application for grants-in-aid; agreements.

39-1307.
Application for grants-in-aid; agreements.
All applications for grants-in-aid under this act shall be submitted to the secretary or commissioner, whichever is applicable, for approval or rejection. Whenever any such application is approved, the secretary or commissioner may enter into agreements for grants-in-aid as authorized in this act. The secretary shall expend funds for grants-in-aid as authorized in this act for all community based group boarding homes for children and youth. Any funds for grants-in-aid for such homes under the authority of the commissioner shall be expended upon written approval by the commissioner and communicated to the secretary.
History:
L. 1973, ch. 190, § 7; L. 1975, ch. 239, § 1; L. 1996, ch. 229, § 109; July 1, 1997.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1403 Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report.

39-1403.
Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report.
(a) Anyone participating in the making of any report pursuant to this act, or in any follow-up activity to or investigation of such report or any other report of abuse, neglect or exploitation of an adult 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 under this act.
History:
L. 1980, ch. 124, § 3; L. 1983, ch. 149, § 3; L. 1990, ch. 153, § 3; L. 2003, ch. 91, § 4; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 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.

39-1404. 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.
(a) The department of health and environment or the Kansas department for aging and disability services upon receiving a report that a resident is being, or has been, abused, neglected or exploited, or is in a condition which is the result of such abuse, neglect or exploitation or is in need of protective services shall:
(1) When a criminal act has occurred or has appeared to have occurred, immediately notify, in writing, the appropriate law enforcement agency;
(2) make a personal visit with the involved resident:
(A) Within 24 hours when the information from the reporter indicates imminent danger to the health or welfare of the involved resident;
(B) within three working days for all reports of suspected abuse, when the information from the reporter indicates no imminent danger; or
(C) within five working days for all reports of neglect or exploitation when the information from the reporter indicates no imminent danger.
(3) Complete, within 30 working days of receiving a report, a thorough investigation and evaluation to determine the situation relative to the condition of the involved resident and what action and services, if any, are required. The investigation shall include, but not be limited to, consultation with those individuals having knowledge of the facts of the particular case; and
(4) prepare, upon a completion of the evaluation of each case, a written assessment which shall include an analysis of whether there is or has been abuse, neglect or exploitation; recommended action; a determination of whether protective services are needed; and any follow up.
(b) The department which investigates the report shall inform the complainant, upon request of the complainant, that an investigation has been made and, if the allegations of abuse, neglect or exploitation have been substantiated, that corrective measures will be taken if required upon completion of the investigation or sooner if such measures do not jeopardize the investigation.
(c) The Kansas department for aging and disability services may inform the chief administrative officer of a facility as defined by K.S.A. 39-923, and amendments thereto, within 30 days of confirmed findings of resident abuse, neglect or exploitation.
History:
L. 1980, ch. 124, § 4; L. 1983, ch. 149, § 4; L. 1990, ch. 153, § 4; L. 1997, ch. 161, § 5; L. 1998, ch. 200, § 6; L. 2003, ch. 91, § 5; L. 2003, ch. 149, § 27; L. 2014, ch. 115, § 159; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1405 Same; protective services; injunction.

39-1405. Same; protective services; injunction.
(a) The secretary for aging and disability services shall forward to the Kansas department for children and families any finding with respect to residents defined under (a)(1) of K.S.A. 39-1401, and amendments thereto, who may be in need of protective services. The secretary of health and environment shall forward to the Kansas department for children and families any finding with respect to residents defined under (a)(2) of K.S.A. 39-1401, and amendments thereto, who may be in need of protective services. If the secretary for children and families determines that a resident is in need of protective services, the secretary for children and families shall provide the necessary protective services, if a resident consents, or if the resident lacks capacity to consent, the secretary may obtain consent from such resident's legal representative. If a resident or such resident's legal representative, or both, fails to consent and the secretary for children and families has reason to believe that such a resident lacks capacity to consent, the secretary for children and families shall determine pursuant to K.S.A. 39-1408, and amendments thereto, whether a petition for appointment of a guardian or conservator, or both, should be filed.
(b) If the caretaker or legal representative, or both, of a resident who has consented to the receipt of reasonable and necessary protective services refuses to allow the provision of such services to such resident, the secretary for children and families may seek to obtain an injunction enjoining the caretaker or legal representative, or both, from interfering with the provision of protective services to the resident. The petition in such action shall allege specific facts sufficient to show that the resident is in need of protective services and consents to their provision and that the caretaker or legal representative, or both, refuses to allow the provision of such services. If the judge, by clear and convincing evidence, finds that the resident is in need of protective services and has been prevented by the caretaker or legal representative, or both, from receiving such services, the judge shall issue an order enjoining the caretaker or legal representative, or both, from interfering with the provision of protective services to the resident. The court may appoint a new legal representative if the court deems that it is in the best interest of the resident.
History:
L. 1980, ch. 124, § 5; L. 1990, ch. 153, § 5; L. 2003, ch. 91, § 6; L. 2003, ch. 149, § 28; L. 2014, ch. 115, § 160; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1406 Same; persons authorized access to relevant records; authority to take actions to assist residents.

39-1406. Same; persons authorized access to relevant records; authority to take actions to assist residents.
Any person, department or agency authorized to carry out the duties enumerated in this act, including investigating law enforcement agencies and the long-term care ombudsman shall have access to all relevant records. The authority of the secretary for children and families, the secretary of health and environment, and the secretary for aging and disability services under this act shall include, but not be limited to, the right to initiate or otherwise take those actions necessary to assure the health, safety and welfare of any resident, subject to any specific requirement for individual consent of the resident.
History:
L. 1980, ch. 124, § 6; L. 1990, ch. 153, § 6; L. 2003, ch. 91, § 7; L. 2003, ch. 149, § 29; L. 2014, ch. 115, § 161; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1407 Consent of resident to protective services; court authorization.

39-1407. Consent of resident to protective services; court authorization.
If a resident does not consent to the receipt of reasonable and necessary protective services, or if such person withdraws the consent, such services shall not be provided or continued, except that if the secretary for children and families has reason to believe that such resident lacks capacity to consent, the secretary may seek court authorization to provide necessary services, as provided in K.S.A. 39-1408, and amendments thereto.
History:
L. 1980, ch. 124, § 7; L. 2003, ch. 91, § 8; L. 2014, ch. 115, § 162; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1408 Same; petition for appointment of guardian or conservator; appointment of attorney to represent resident, when.

39-1408. Same; petition for appointment of guardian or conservator; appointment of attorney to represent resident, when.
(a) If the secretary for children and families finds that a resident is being or has been abused, neglected or exploited or is in a condition which is the result of such abuse, neglect or exploitation and lacks capacity to consent to reasonable and necessary protective services, the secretary may petition the district court for appointment of a guardian or conservator, or both, for the resident pursuant to the provisions of the act for obtaining a guardian or conservator, or both, in order to obtain such consent.
(b) In any proceeding in district court pursuant to provisions of this act, the district court shall appoint an attorney to represent the resident if the resident is without other legal representation.
History:
L. 1980, ch. 124, § 8; L. 1990, ch. 153, § 7; L. 2003, ch. 91, § 9; L. 2014, ch. 115, § 163; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1409 Same; assistance of appropriate public or private agencies, groups or individuals.

39-1409. Same; assistance of appropriate public or private agencies, groups or individuals.
In performing the duties set forth in this act, the secretary for children and families, the secretary of health and environment, the secretary for aging and disability services or an appropriate law enforcement agency may request the assistance of the staffs and resources of all appropriate state departments, agencies and commissions and local health departments and may utilize any other public or private agency, group or individual who is appropriate and who may be available to assist such department or agency in the investigation and determination of whether a resident is being, or has been, abused, neglected or exploited or is in a condition which is a result of such abuse, neglect or exploitation, except that any internal investigation conducted by any caretaker under investigation shall be limited to the least serious category of report as specified by the secretary of health and environment, the secretary for aging and disability services or the secretary for children and families, as applicable.
History:
L. 1980, ch. 124, § 9; L. 1990, ch. 153, § 8; L. 1998, ch. 200, § 7; L. 2003, ch. 91, § 10; L. 2003, ch. 149, § 30; L. 2014, ch. 115, § 164; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 14 - Reporting Abuse, Neglect Or Exploitation Of Certain Persons › 39-1410 Review subsequent to authorization of protective services; continuation of protective services; reevaluations.

39-1410. 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 for children and families shall initiate a review of each case within 45 days, to determine whether continuation of, or modification in, the services provided is warranted. A decision to continue the provision of such services should be made in concert with appropriate personnel from other involved state and local groups, agencies and departments, and shall comply with the consent provisions of this act. Reevaluations of such case shall be made not less than every six months thereafter.
History:
L. 1980, ch. 124, § 10; L. 2014, ch. 115, § 165; July 1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.