0100  About This Manual  

In this Policy and Procedure Manual (PPM) are statements of the principles and courses of action to use as guidelines by the Children and Family Services Division of the Kansas Department of Social and Rehabilitation Services staff. As such, it contains three types of entries

Policies define required or prohibited actions

Procedures outline the manner in which a policy is carried out or documented;

Practice notes are discretionary guidelines and examples in order to clarify a policy or procedure or aid in its application.

Note: References in this manual to other sections of the manual are generally given as a reference to the major section, not to the subsection. For example, a reference to "findings" would be found in section 2000 of this manual. The subsection concerning findings would be found in the table of contents of section 2000. 

0110 Policy Statements

Statements containing the terms shall, must  and will indicate that a policy is applicable or a course of action will be taken. The term  should is a policy statement that indicates there may be discretion.

0111 Policy Exceptions

Policies and procedures in this manual will be followed. If, in unusual circumstances, decisions, assessments or other activities required by policy or procedure would result in outcomes not in the best interest of a particular child and the child s family, or if compliance with a policy is not possible or feasible in a particular case, an alternative course of action may be taken if the Regional CFS Program Administrator approves each exception.

The case file shall document the reasons for the decision and who was involved in making it. If the action or decision is required within a specified time, the date and/or time of the alternate action or decision must be documented in the case file.

0120  Procedure Statements  

Procedures indicate the method or manner in which a policy will be carried out. Procedure statements are not equivalent to the policies they implement. There is a narrow range of latitude in procedures. While the expectation is that a procedure will be carried out, the procedure may vary somewhat if the intent is to implement the policy, and may also vary according to the Regional Streamlining Partnership MOU/MOA.

Standardized forms and the instructions to complete them are procedure statements. Other procedure statements appear as clarifications, lists, outlines, sequential steps, etc

0130  Practice Notes   

0140  Delegation of Responsibilities

The person selected to function in this capacity is expected to have sufficient knowledge and experience to assess situations and make sound decisions. However, a designee is not allowed to perform functions requiring a license or other qualification unless the designee is licensed and otherwise qualified. It is a violation of law for a person without a license to act in the licensed capacity for a person who requires a license to practice.

0150  Questions, Concerns and Clarification

Despite every effort to be clear and to cover all situations, questions may arise regarding application of policy or procedures in a particular situation confronting a worker. Staff shall discuss any questions or concerns about appropriate actions with their supervisor. If questions or concerns persist, the supervisor shall consult with the  Regional CFS Program Administrator. The Regional CFS Program Administrator may authorize contact with the appropriate Children and Family Services staff, if additional clarification is needed.

0160  Glossary

Abuse, Neglect and Sexual Abuse.

 Abuse means any act or failure to act which results in death, physical harm, emotional harm, or which presents a likelihood of harm to a person under age 18."  KAR 30-46-10

    *Physical Abuse  means the infliction of physical harm on a child or the causation of a child's deterioration. This term shall include any non-accidental or intentional action or inaction that results in bodily injury or that presents the imminent risk of serious injury.  KAR 3-46-10

    *Sexual Abuse means any act committed with a child that is described in , K.S.A. 21-3501 et seq. and amendments thereto and the acts described in KSA 21-3602 and  KSA 21-3603 and amendments thereto.

This term may include the following: 1)Any contact or interaction with a child in which the child is being used for the sexual stimulation of the perpetrator, the child, or another person; and (2)allowing, permitting, or encouraging a child to engage in prostitution or to be photographed, filmed, or depicted in obscene or pornographic material. KAR 30-46-10

    *Physical Neglect  means any act or omission resulting in harm to a child or presenting a likelihood of harm if the act or omission is not due solely to the lack of financial means of a child's parent or other custodian.  This term may include the following:  failure to provide the child with food, clothing, or shelter necessary to sustain the life or health of the child.  KAR 30-46-10

    *Medical Neglect means any act or omission resulting in harm to a child or presenting a likelihood of harm if the the act is not due solely to the lack of financial means of a child's parent or other custodian.  This term may include the following:  failure to use resources available to treat a diagnosed medical condition if the treatment would make the child substantially more comfortable, reduce pain and suffering, correct or substantially diminish a crippling condition, lengthen the life span, or prevent the condition from worsening. KAR 30-46-10

    *Lack of Supervision means any act or omission resulting in harm to a child or presenting a likelihood of harm if the act or omission is not due solely to the lack of financial means of a child's parent or other custodian.  This term may include the following:  failure to provide adequate supervision of a child or to remove a child from a situation that requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or the likelihood of harm to the child.  KAR 30-46-10   

    *Abandonment  means forsake, desert or cease providing care for the child without making appropriate provisions for substitute care.  KSA 38-2202

Adjudication. A court hearing in which a determination is made whether a child is a child in need of care (CINC) or Juvenile Offender (JO).

Central Registry. The Child Abuse and Neglect Central Registry is a computerized name-based list of persons who have been confirmed validated or substantiated for child abuse or neglect.  The name of a perpetrator is not entered in the central registry unless and until they have been afforded an opportunity for an interview and have exercised their right of appeal or the time limit for appeal has expired without action.

Child in Need of Care. The Kansas Code for Care of Children (K.S.A. 38-2202(d)) defines Child in Need of Care as a person less than 18 years of age who:

• Has been physically, mentally or emotionally abused or neglected or sexually abused.

• Has been abandoned or does not have a known living parent.

• Is without the care or control necessary for the child's physical, mental or emotional health.

• Resides in the same residence as a sibling or other person under 18 years of age who has been physically, mentally or emotionally abused or neglected or sexually abused.

• While less that 10 years of age, commits an act which if done by an adult would constitute the commission of a felony or misdemeanor as defined by K.S. A. 21-3105 and amendments thereto OR knowingly possesses a firearm with a barrel less than 18 inches long.

• Is willfully and voluntarily absent from the child's home without the consent of the child's parent or other custodian or is willfully and voluntarily absent at least a second time from a court ordered or designated placement, if the absence is without the consent of the person with whom the child is placed.

• Is without adequate parental care, control or subsistence and the condition is not due solely to the lack of financial means of the child's parents or other custodian.

• Is not attending school as required by K.S.A. 72-977 or 72-1111, and amendments thereto.

• Except in the case of a violation of K.S.A. 41-715 or 41-2721, and amendments thereto, does an act which, when committed by a person under 18 years of age, is prohibited by state law, city ordinance or county resolution but which is not prohibited when done by an adult.

• Has been placed for care or adoption in violation of the law.

• Permanent Custodian is no longer willing or able to serve.

Child in Need of Care Petition. A petition filed with the clerk of the district court by the county/district attorney alleging a child or youth is a Child in Need of Care. Refer to K.S.A. 38-2233(b), concerning the filing of a Child in Need of Care petition by any other individual.  

CINC-NAN. Child in Need of Care (Non abuse/neglect). Children who come to the attention of the agency for reasons other than alleged abuse or neglect or juvenile offense and who meets one or more of the definitions in K.S.A. 38-2202(d).

Citizen Review Board. A group of citizen volunteers appointed by a court to review child in need of care cases and make recommendations to the court.

Contractor/Contract Agency. A person or agency who enters into a contractual agreement with SRS to provide specified services.

Court Appointed Special Advocate (CASA). A responsible adult other than an attorney or guardian ad litem appointed by the court to represent the best interests of a child. (K.S.A. 38-2202(f), 38-2206). A CASA may also be appointed under the Juvenile Offender Code.

Custody/Custodian. Custody, whether temporary, protective or legal, means the status created by court order or statute which vests in a custodian, whether an individual or an agency, the right to physical possession of the child and the right to determine placement of the child, subject to restrictions placed by the court. (K.S.A. 38-2202(g)).

Disposition. A court hearing following adjudication in which an order may be issued regarding services, custody, placement or other matters.

Ex Parte Order.  An order issued by a judge without a hearing.

Facility.  Homes and child care providers regulated by the Kansas Department of Health and Environment as well as such homes and providers which are legally exempt from regulation and homes or providers which are operating as unregulated services. Facility includes: family foster homes, residential child care facilities, detention, secure care and attendant care facilities and day care homes or centers. For purposes of complaints alleging abuse or neglect, "facility" includes any of the above entities which are subject to regulation, whether operating within or without the law.

FACTS. Family And Children Tracking System. The basic computerized child welfare information system for the department. Information in FACTS is used to support the department budget, internal management, and reports to the legislature, federal government and the general public. FACTS includes information about the outcomes of abuse and neglect investigations, the child abuse and neglect central registry and foster care and adoption information.

Family. A family means any group of persons who act as a family system with or without a legal or biological relationship.

Family Centered Systems of Care.  This is a family driven process.   The family is the expert on their strengths and needs.  The family identifies natural resources, including kin, and these people are included in the process.  Intervention is family directed, creating an environment that allows families to determine their choices and actions.

Resource Family Home means "a private home in which care is given for 24 hours a day for a small number of children away from their parent or guardian" (K.A.R. 28-4-311 (d)).

Guardian ad Litem (GAL). An attorney appointed by the court in child in need of care proceedings to represent the best interests of the child.

Imminent Imminent implies more than speculation but less than certainty. An event is imminent if a reasonable person using common sense, training or experience concludes an event will occur without delay unless there is prompt intervention.

K.A.R. Kansas Administrative Regulations.

K.S.A. Kansas Statutes Annotated.

Likely (Likelihood) Reasonably to be expected. Likelihood implies more than speculation and less than certainty. An event is likely if a reasonable person using common sense, training or experience concludes that, given the circumstances, an event is probable without a change in those circumstances.

Multidisciplinary Team. A group of persons with special knowledge regarding the detection, investigation or treatment of child abuse or neglect. The Kansas Code for Care of Children authorizes SRS to request, and the court to appoint, a multidisciplinary team "to assist in gathering information regarding a child  who may be or is a child in need of care" (K.S.A. 38-2228).

Non-family/Unregulated Care Giver. A person who is not the child's parent, guardian or other person who regularly cares for the child. (examples: teacher, coach, bib brother/sister, neighbor, etc.)

Parent. when used in relation to a child or children, includes a guardian, conservator and every person who is by law liable to maintain, care for or support the child. (K.S.A. 38-2202(t)).

Permanency.  The child is being released from SRS custody after achieving reintegration, guardianship, finalization of adoption, or OPPLA.

Protective Custody. The status of a child believed by a law enforcement officer (Police Protective Custody) or a judge (Order of Protective Custody) that a child alleged to be a child in need of care needs to be removed from danger of harm and placed in a shelter or other emergency or temporary care pending a court hearing.

Resource Family.  A family willing to provide short term care or service as the adoptive or legal guardian for the child.   The resource family is a valued member of the team and will participate in the case planning process, serve as a mentor to birth families, and will encourage parent/child interactions in a natural setting.

State Wards.    Foster children become wards of the state when both maternal and paternal rights have been terminated and the child has not been formally adopted.  Child In Need of Care cases remain open under these circumstances and the SRS retains custody.  For children who are directly relinquished to SRS, it will be necessary for the case managing entity and SRS to work together to approach the county/district attorney and request a Child In Need of Care petition.

Streamlining Partnerships: An initiative to reduce duplication of work by public and private sector staff in order to more efficiently and effectively serve children, families and communities. See section 5000.

Temporary Custody. Custody awarded by a court based upon evidence in a hearing prior to disposition.

Truant. A child not attending school as required by law.

Working Day. A day when the Department is open for business; does not including Saturdays, Sundays or official state holidays.

0200  Legal Requirements

0210  Staff Safety

If there is a possibility that the safety of a family member, SRS staff, contractor staff or the public may be jeopardized during an investigation, assessment or provision of services, the appropriate law enforcement agency shall be contacted for assistance. SRS social workers are required by law to investigate and assess reports of alleged child abuse and neglect, but are not required to place their own safety in unreasonable jeopardy to do so.

The social worker should refer to the applicable regional safety plan when safety issues are a concern.

0220  Discrimination Prohibited by Law

All services shall be in compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 and K.S.A. 44-1009.  No individual/family will be denied services  because of race, color, national origin, sex, religion and mental or physical disability.  The provision of services will be provided based on need and eligibility criteria.   

Title VI of the Civil Rights Act of 1964 makes in unlawful to discriminate on the basis of a person's race, color, national origin, sex, and religion.

The Americans with Disability Act of 1990 prohibits discrimination because of a person's mental or physical disability (i.e. blind/visually impaired, deaf/hard of hearing, mobility impairments, speech impairments).

K.S.A. 44-1009)(3) states, "It shall be unlawful discriminatory practice for any person to refuse, deny, make a distinction, directly or indirectly, or discriminate in any way against persons because of the race, religion, color, sex, disability, national origin or ancestry of such persons in the full and equal use and enjoyment of the services, facilities, privileges and advantages of any institution, department or agency of the State of Kansas or any political subdivision or municipality thereof."

0221  Limited English Proficiency

When working with individuals who are limited in their ability to communicate in English, reasonable steps shall be taken to ensure meaningful communication. This will normally include provision of an interpreter or providing written documents in their language, if available.

0230   Administrative Appeals

K.S.A. 75-3306 requires the Secretary of SRS to provide a fair hearing for any person who is an applicant, customer, inmate, other interested person, or taxpayer who appeals the decision or final action of any agent or employee of the Department of Social and Rehabilitation Services. K.A.R. 30-7-64 through 30-7-79 set out additional requirements concerning this administrative appeal process.

Adoptive staffing decisions are within the jurisdiction of the District Court pursuant to KSA 38-2270 and are likely to be dismissed by the Hearing Officer for Administrative Appeals.

Those wishing to appeal may do so by submitting a request in writing within 30 days of a decision of final action. An additional 3 days shall be allowed if this notice of final decision is mailed.

0240  Conflict of Interest

It is important for staff to avoid situations which present a conflict of interest or have the appearance of such a conflict. This protection is for both staff and the customer. SRS defines being a resource family for a child in the custody of the Secretary, while involved in a professional relationship with that child, as a conflict of interest.

When an employee is given an assignment that is or could be construed as a conflict of interest, the employee shall notify the supervisor who shall, in consultation and concurrence with the  Regional CFS Program Administrator, determine whether it is appropriate to continue the assignment in question or to reassign the work to another staff person.

Professional involvement with or case management responsibilities for a case involving a member of the family or a person with whom the worker has close personal or business ties, presents a conflict of interest.

Additionally, social workers are advised by the Social Work code of Ethics, not to be involved in dual relationships with customers.

0250  Removal from Home and Transporting Children Not in the Secretary's Custody.

Only a law enforcement officer, court services officer, or the court has the authority to place a child in protective custody. When a law enforcement officer determines that protective custody is appropriate, the officer, not SRS, should place the child as provided by statute (K.S.A. 38-2232). It is important to remember that SRS staff or contractor staff acting on behalf of SRS, do not have authority to transport a child placed in protective custody by a law enforcement officer. If SRS staff were to transport a child in the protective custody of law enforcement a potential legal liability exists for the Department, the SRS staff person and the individual. A law enforcement officer or the care provider with whom the police place the child may transport the child.

0260  Court Orders

Staff shall make every effort to comply with every court order. When a court order is received, which appears to exceed statutory authority or requires actions that the Department has no ability to perform, a referral shall be made to the regional attorney for guidance and any necessary action.

0270 Subpoenas and Testifying in Court

When served with subpoenas or other court orders to produce records and/or testify in court concerning confidential information, staff shall:

Reference: K.S.A. 38-2209 et seq.; Chapter 39-709b;

Testify further according to the ruling and instructions of the court.

This statement is to be used only when SRS does not have a role in the court hearing which is specified by statute or SRS policy. It is not to be used when the court action is being taken under the Kansas Code for Care of Children (child protection services, foster care, etc.) at the request of SRS.

Whenever possible inform the court and the attorneys before the proceedings that this statement will be made and that upon instruction from the bench testimony will be given.

0271 Protocol to Request CINC Court Hearing be Closed

K.S.A. 38-2247(a) provides that proceedings pertaining to adjudications under the revised code for care of children shall be open to the public, unless the court determines closure or the exclusion of an individual is in the best interests of the child or is necessary to protect the privacy of the parents.

When circumstances appear to justify closure of a CINC adjudication hearing, a written request from SRS or the Child Welfare Community Based Services Provider shall be submitted to the Director of Children and Family Services 10 calendar days before the scheduled hearing if at all possible. If, under Streamlining partnerships, the request is directly from the Child Welfare Community Based Service Provider, the Regional Director shall be copied. The request shall summarize the facts of the case and the basis for believing closing the hearing is in the best interest of the child or necessary to protect the privacy of the parents.

The Director will review and submit the request with a recommendation to the Deputy Secretary and General Counsel. Upon receipt of the decision by the Deputy Secretary and General Counsel, the Director will notify the person who submitted the request.

0280  Consents

Persons authorized to give consent for matters involving a child depends on the purpose of the consent and the legal status of the child. Consents for children who are or may be in need of care are controlled primarily by K.S.A. 38-2217 for health care and K.S.A. 38-2218 for educational decisions. (K.S.A. 38-2217). See PPM 5244 for information regarding children in the custody of the Secretary.

There are laws which protect adults against actions which many children must endure and suffer under the guise of discipline. Many children who are in the care of SRS have previously suffered too much physical pain, fear, humiliation, and emotional stress. We cannot perpetuate this when we assume the positive roles in our child-rearing practices - of which positive discipline is an essential part.

Therefore, SRS does not view as positive, acceptable discipline any action administered in a fashion which may cause any child to suffer physical or emotional damage. Disciplinary acts which cause pain, such as hitting, beatings, shaking, cursing, threatening, binding, closeting, prolonged isolation, denial of meals, and derogatory remarks about the child or his or her family or other acts of substantially the same nature or which have substantially the same effect are not acceptable.

IT IS THE POLICY OF THE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES THAT WE NOT PURCHASE OR CONTINUE TO PURCHASE SERVICES FROM THIRD PARTY PROVIDERS WHO USE DISCIPLINARY ACTS WHICH CAUSE PAIN SUCH AS HITTING, BEATINGS, SHAKING, CURSING, THREATENING, BINDING, CLOSETING, PROLONGED ISOLATION, DENIAL OF MEALS, AND DEROGATORY REMARKS ABOUT THE CHILD OR HIS OR HER FAMILY. NOR SHALL SUCH DISCIPLINARY ACTS BE TOLERATED WHEN PRACTICED BY SRS EMPLOYEES IN REGARD TO CHILDREN IN CARE OF THE AGENCY.

0291     Physical Restraint

The purpose of physical restraint is to prevent a youth from causing injury to self or others and is used only when other means for behavior controls is unsuccessful.

It is expected that therapeutic relationships among staff and residents will usually be sufficient to de-escalate incidents of out-of-control behavior of youth in care. When it is not possible to avoid the use of restraint in helping a youth regain control, passive physical restraint may be used to:

end a disturbance which threatens physical injury to the youth

end a disturbance that threatens physical injury to others;

remove a dangerous object from a youth with which the youth has threatened harm.

The use of mechanical restraints is not authorized.

Physical restraint shall not be used for the purpose of punishment or discipline.

IT IS THE POLICY OF THE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES THAT WE NOT PURCHASE OR CONTINUE TO PURCHASE SERVICES FROM PROVIDERS WHO USE PHYSICAL RESTRAINT IN A MANNER CONTRARY TO METHODS JOINTLY APPROVED BY THE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENT OR OTHERWISE IN VIOLATION OF STATUTE OR REGULATIONS.

0292    Restraint Guidelines for Residential Child Care Facilities

In order for SRS to purchase or continue to purchase services , the residential facility shall:

A.     Have written comprehensive policies and procedures regarding the use of passive restraint techniques listing behaviors which may warrant restraining.

B.     Ensure staff members have knowledge of the facility policy and procedure.

C.     Ensure all direct service staff are trained in crisis management and the appropriate use of passive physical restraint methods prior to permitting staff to use the techniques.

D.    Provide six hours annually both initial and ongoing training for all direct care staff and shall maintain records documenting the persons, hours, and types of training received.

E.    Maintain a log which at a minimum contains the name of the youth restrained, the name(s) of staff members involved in the use of restraint, the precipitating incident and actions taken by staff to try to control or calm the youth without use of restraint and the outcome of the use of the restraint intervention technique.

F.    Send a copy of the record/log for each youth restrained to the Case Management Provider within two (2) working days following a youth's restraint.

0293     Isolation

The purpose of an isolation room is to provide protection for a youth and to give a youth an opportunity to get his/her behavior under control by limiting the stimulus coming to the youth.

Isolation shall not be used as a disciplinary action or punishment and shall be used only as a control method after all other measures have been exhausted.

IT IS THE POLICY OF THE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES THAT WE NOT PURCHASE OR CONTINUE TO PURCHASE SERVICES FROM PROVIDERS WHO USE ISOLATION IN A MANNER CONTRARY TO METHODS JOINTLY APPROVED BY THE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENT OR OTHERWISE IN VIOLATION OF STATUTE OR REGULATION.

0294    Isolation Guidelines for Residential Child Care Facilities

In order for SRS to purchase or continue to purchase services, the residential facility

A.    Shall be in compliance with applicable state law and rules and regulations of the Department of Health and Environment.

B.    Shall be in compliance with applicable state and local fire and safety code requirements. Procedures in case of fire must be delineated and staff and residents informed and trained in their use. The licensee shall request a fire inspection of the room annually and retain a copy of the inspection report in the facility file.

C.    If a youth is confined to an isolation room, justification for use of the isolation room shall be detailed in the individual youth's written file.

D.     Persons designated to place or supervise a child in the isolation room shall have on-going training, and supervision which shall include but not be limited to the following:

the facility's isolation purpose and policy;

dynamics of behavior of youth when in confinement;

safe methods of getting youth to the isolation room;

safety of the youth and staff; and emergency procedures including first aid, fire and tornado protection.

E.     Staff members designated in the agency policy may not place a child in the isolation room for more then ten minutes without having approval from his/her superior or the facility administrator.

F.     Isolation shall be used for the shortest intervals and only until the youth regains control.

G.     Not more than one youth shall be in an isolation room at any one time.

H.     The isolation room maximum time limit is two (2) hours with sight and sound checks required every ten minutes. The observing staff person must remain within hearing distance of the isolation room and shall not have other immediate duties when monitoring. The room shall have a voice-activated intercom system if the isolation room is soundproof or otherwise out of earshot.

I.     When there is need to use isolation a second time within twelve (12) hours, approval from clinical staff must be obtained and the youth's individual treatment plan for behavior management reviewed.

J. After removal from the isolation room the individual youth shall initial or sign a log summary incident sheet indicating confirmation of the written log report.

 0295     Responsibilities of the Facility Administrator

A.    Secure written approval of the local fire department and the State Department of Social and Rehabilitation Services prior to the initial use of the isolation room.

B.    Conduct a weekly review of logs and reports related to the use of the isolation room. Documentation of the reviews shall be kept on file.

C.    Assess the frequency of the use of the facility's isolation room and staff members requesting use of confinement.

D.    Conduct investigations of staff members who place a youth in the isolation room excessively. Documentation of the investigative findings shall be kept on file.

E.    Maintain file and make available to SRS workers the records/logs of the use of the isolation room, the policy for operation of the room, the youth's records, and staff records upon request for review purposes.

G.    Submit for SRS approval a revised isolation plan when facility policy is altered.

0296     Responsibilities of SRS

A.    Review the facility isolation plan for compliance with standards.

B.    Provide written approval of the isolation plan to the facility administrator or notification of basis for non-approval.

0300  Disclosure of Information and Confidentiality of Records

0310  Public Records

Pursuant to the Kansas Open Records Act (K.S.A. 45-215 et seq.) it is Department policy to provide access to public records and, unless otherwise prohibited, all public records may be inspected and copied by any person.

Public records include manual provisions, contracts, and Secretary's Letters.   Information concerning or identifying specific individuals are not public. Personnel records, social service case information, treatment records are examples of records which contain personal information about individuals and are not, therefore, public. Communications to or from agency attorneys are not public records.

A request for records must be responded to by SRS staff within three days indicating, if the records aren't produced, the cause of any delay and the earliest date when the records shall be available.

It is permissible to require individuals seeking access to schedule a convenient time for review. Anyone inspecting a public record shall, upon request and payment of an authorized fee, be provided a copy. The SRS fee policy is set out at K.A.R. 30-2-12. However, the office need not provide the copies immediately upon demand, but as soon as possible without disrupting flow of essential operations.

0311  Information Regarding a Child Alleged or Adjudicated as a Child in Need of Care

The provisions of K.S.A. 38-2209 et seq. control the release of information from records and reports involving children alleged or adjudicated in need of care.

When investigating an allegation a child may be in need of care, K.S.A. 38-2210 requires a free flow of information with others involved in the investigation.

The Department is required by K.S.A. 38-2212(c) to disclose information concerning children alleged to be in need of care to the extent necessary to carry out a lawful responsibility for the child. The intent of this section is to facilitate the sharing of information with and entities to the extent they have a responsibility to diagnose, treat, care for or protect the child. The Department must determine what information should be shared. Generally children benefit when the adults responsible for providing care or making decisions are fully informed. Disclosure of information which identifies the reporter is, however, prohibited.  If in doubt, consult a supervisor, regional attorney or the  Regional CFS program administrator It is agency policy that information is freely shared between SRS staff and contract staff involved with the family. (See 0700 regarding Coordination of Services)

K.S.A. 38-134 specifically requires SRS to obtain information about the child and fully inform the foster parents.

0312   Case Record Requests of Child Abuse or Neglect Resulting in a Fatality or Near Fatality

The provisions of KSA 38-2212 (f) allows access to a case record of child abuse or neglect resulting in a fatality or near fatality. Except when the child was adopted and the record includes information about the child or birth parents prior to adoption, the record becomes a public record.  A request to access a case record of a child abuse or neglect resulting in a fatality or near fatality needs to be provided in writing to SRS. The request shall contain the requester's name and address and information necessary to ascertain the records to which the requester desires access.

The person in receipt of the request shall ensure the Open Records Coordinator in the Secretary's Office, CFS Central Office and the SRS Regional Office are notified of the request.  The Regional Office shall review the case file to determine if the record meets the criteria for disclosure of the information. The following criteria needs to be established prior to disclosure:

If the request is received prior to SRS making the case finding decision, the disclosure of the record shall be postponed. The date both the case finding decision and determination that a fatality or near fatality occurred is made shall begin the time line for disclosure of records.

If the previous criteria for opening records is not met, the Regional Office notifies CFS central office. Central office will notify the requestor in writing the file does not meet the criteria for disclosure, with a copy of the letter sent to Regional Office, Open Records Coordinator, Public Information Officer and SRS Legal.

If the criteria is met, SRS Regional Office shall identify and notify "affected individuals" in the requested case file, within seven working days,. Affected individuals are any person identified in the case, including, but not limited to, parents or guardians, child, if living, child's siblings, collaterals, witnesses, reporter, other family members, child welfare contractor providing services, foster and/or adoptive parents, law enforcement or juvenile intake & assessment. Affected individuals shall be notified of their right to file a motion requesting the court prevent disclosure of such case record or any portion of the case record. The CFS 0300 Notification of Intent to Disclose Record shall be used to notify "affected individuals". The written notification shall be sent to the last known address of the "affected individuals" as reflected in the case record. Agency data systems, KAECSES and FACTS, should be searched to determine most recent address known to SRS.

The affected parties have 7 working days from the receipt of the notification to file a motion to prevent disclosure. The time frame to file a motion includes 3 additional days when the notice is served by mail. Affected parties may request a review of the record at the local SRS office or CFS central office.

Once the determination is made the case record meets the criteria and the "affected individuals" have been notified, the SRS regional office shall review the SRS case file and the child welfare contractor case file, if applicable, to identify the information to be included in the disclosure.  

The disclosure shall include all documentation received and created by SRS or child welfare contractor including, but not limited to, logs, agency response, risk and safety assessments, safety plans, case finding, FBA summary, case planning documentation, court reports, law enforcement reports and any report created by SRS or the child welfare contractor. The information disclosed shall not include:

The Regional Office shall make 2 copies of the SRS case record and the child welfare contractor case record. The original file shall remain in the Regional Office. One copy of the file needs to have privileged information removed. The Regional Office sends the copy of the original case file and the copy of the file with privileged information removed to CFS central office.

If no motion is filed to prevent disclosure or the court rules the record is open, central office will notify the requestor with the option of viewing the file or having the file copied and received by mail. The requestor will be charged $.25 per single-sided page if a copy of the file is requested. [KAR 30-2-12] Central office will send the case record to the requestor. SRS Open Records Coordinator, Pubic Information Officer and Legal will be notified the record has been sent.

0313 Access to Information Regarding Closed Guardianship/Custodianship and Adoption Records

KSA 59-2122 provides for the opening of adoption records to parties of interest, their attorneys and the Department of Social and Rehabilitation Services (SRS). Parties of interest include the adopted parents of a minor child and the adult adoptee.  Interested party status does not apply to the birth parents, once the adoption is final. Birth parents are only permitted to update medical records per KSA 59-2122. 

Case File Information is available to:

• The adoptive parents of the minor child in the event of a health or medical need
  
  
• The adult adoptee for any reason
  
  
• The birth parent to update health or medical information

Identifying information shall not be shared with the birth parent without permission of the adoptive parents of the minor child or of the adult adoptee.  SRS may share medical information with the adoptive parent of a minor child or adult adoptee.

0314  Adoption Records and Searches

A.  Initiating Contact with Birth Relatives

It is the policy of the Department to offer all reasonable assistance to adults (age 18 or older) seeking information about:

• Their own adoption and/or guardianship record
  
  
• Their birth parents and birth siblings, (where a relationship had been established prior to out of home placement and birth sibling is currently 18 years old or older)

 K.S.A. 59-2122 (b) gives SRS the authority to contact birth parents on behalf of an adult adoptee for any reason or the adoptive parents of a minor in the event of a medical or health need.  Identifying information shall not be shared with the birth parents without the written permission of the adoptive parents of a minor child or the adult adoptee. 

SRS may contact an adult adoptee at the request of the birth parents once the adult adoptee reaches age eighteen.   An inquiry shall be made to ascertain whether the person is interested in establishing contact with the searching person.  If everyone is in agreement, SRS staff shall facilitate the sharing of information between the two parties.

B.    Requests for Information

There may be a charge for copies of case record material.  The SRS fee policy is set out in K.S.A. 30-2-12.

If available at the local SRS or Case Management Provider office, the adult adoptee may  obtain information from the agency record that was authored by either SRS or the Case Management Provider.  Information written by someone other than SRS or Case Management Provider staff, shall not be shared without written permission from the author.  If the required authorization is not available, the adult adoptee shall be informed of the availability of this information and be referred to the author. When the Case Management provider or SRS receives a request for information:

• Inform the person(s) the inforrmation is available from SRS by contacting:

  Children & Family Services (CFS)
  915 SW Harrison
  DSOB, 5th Floor
  Topeka, KS 66612-1570

• Provide the person(s) with one of the following forms, as appropriate:

CFS 7002 Adult Adoptee Requesting Copy of Adoption Record

CFS 7003 Birth Parent Requesting Contact with Adult Adoptee

CFS 7004, Adult Requesting Search for Birth Sibling(s)

CFS 7005 Authorization to Release Information

A copy of the original birth certificate is to be sent with the request to initiate the search and retrieval of adoption records.  Inform the adult adoptee that if they were born in Kansas, they will need to obtain their original Birth Certificate (this birth certificate was issued prior to the adoption - it will be stamped void) by contacting:  

Kansas Department of Health and Environment (KDHE)
Center for Health and Environmental Statistics
1000 SW Jackson Street, Suite 120
Topeka, KS 66612-2221

• Social history including names, birth dates, addresses, telephone numbers, social security numbers of the adult adoptee's birth parents;
  
  
• All birth and medical information completed by SRS
  
  
• Progress reports prepared by SRS or Case Management Provider, (delete information which identifies resource parents and others who may have an expectation of privacy);
  
  
• Correspondence addressed to the adult adoptee from the birth family;
  
  
• Pictures of the birth family or adult adoptee;
  
  
• Decree of adoption

SRS shall not release the following information:

• Adoptive names and addresses of birth siblings, if 18 years of age or older, without their written permission;
  
  
• Adoptive names and addresses of birth siblings, if under 18 years of age;
  
  
• Names and addresses of extended family members, without their written permission;
  
  
• Copies of Third Party information or reports completed by persons other than SRS or those individuals or agencies with whom SRS has contracted for services, without written permission from the author.  The name of the agency and, if available, contact information to obtain such information or reports, shall be provided to the adult adoptee. 

Note: Request for information or contact for names and addresses of birth   siblings, who have been adopted, if under 18 years of age, shall not be granted. 

0315  Confidential Records

Consumers of social services have an expectation of privacy which shall be respected. Information obtained in the course of determining eligibility and/or providing services is confidential.

Consistent with federal law, K.S.A. 39-709b limits the disclosure of confidential information to purposes directly related to: (1) that which is reasonably necessary to assist the client to obtain and participate in services (administration of the program); (2) situations when the client provides written consent to the release of information; (3) some limited emergency situations; and (4) when the court has issued an order or subpoena.

Information provided by other SRS programs such as Food Stamps, Economic & Employment Support (EES), Rehabilitation Services, Addiction and Prevention Services (AAPS), Child Support Enforcement (CSE) and Health Care Policy (HCP) should not be further disclosed except as necessary to administer the CFS program.

Case information shall be disclosed when the information is needed in the performance of official duties.

When there is some question as to the disclosure of information, consult a supervisor, regional attorney or the Regional CFS program administrator.  It is agency policy that information is freely shared between SRS staff and contract staff involved with the family. (See 0700 regarding Coordination of Services) Additionally, case information shall be shared with other agencies and entities with which the Department has contracted to perform specific services as necessary to facilitate delivery of the service or to carry out SRS responsibilities.

All case information shall be disclosed to auditors performing official auditing duties after they have adequately identified themselves by showing official identification credentials.

A. Third Party Information

Third party information includes medical, psychiatric, investigative reports, social histories, substance abuse treatment records, school records, etc. compiled and provided by medical practitioners or non-SRS professionals/agencies and SRS summaries of these documents.

Form MS 2122 (Community Mental Health Center Screening Assessment) or MS 2001 (Statement of Medical Necessity) and reports from family preservation, reintegration/foster care, and adoption providers are not considered to be third party reports.

Third party reports shall not be released except to court, guardian ad litem, prosecutor, SRS and provider staff as needed to carry out their responsibilities.

An individual requesting third party information is to be advised the information shall be obtained directly from the person or agency that compiled the information. If the third party provides SRS with a signed consent, SRS may disclose when disclosure is in the best interest of the child. Children are best served when involved adults are informed and communicating openly.

Investigative reports shall not be made available unless the Secretary or the attorney to whom the case has been referred for legal action or a court (including hearing officer) authorizes such disclosure in writing.

Court reports provided by SRS shall be made available to the attorneys, guardian ad litem, CASA, citizen review board, juvenile justice personnel involved in the court case and anyone else authorized by order of the court and subject to the conditions in the court's order. (K.S.A. 38-2211)

An SRS employee who knowingly discloses confidential information concerning a present or past consumer of services is in violation of the provisions set forth in this section may be subject to: