Kansas Statutes 39-1431. Same; reporting abuse, neglect or financial exploitation or need of protective services; persons required to report; penalty for failure to report; posting notice of requirements of act
Attorney's Note
Under the Kansas Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Kansas Statutes 39-1431
- Abuse: means any act or failure to act performed intentionally or recklessly that causes or is likely to cause harm to a resident, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with a resident when the resident does not consent or when the other person knows or should know that the resident is incapable of resisting or declining consent to the sexual act due to mental deficiency or disease or due to fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication that harms or is likely to harm a resident;
(4) unreasonable use of a physical or chemical restraint, medication or isolation as punishment, for convenience, in conflict with a physician's orders or as a substitute for treatment, except where such conduct or physical restraint is in furtherance of the health and safety of the resident or another resident;
(5) a threat or menacing conduct directed toward a resident that results or might reasonably be expected to result in fear or emotional or mental distress to a resident;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods or services which are necessary to avoid physical or mental harm or illness. See Kansas Statutes 39-1401
- Act: means Kan. See Kansas Statutes 39-1430
- Adult: means a person 18 years of age or older alleged to be unable to protect such person's own interest and who is harmed or threatened with harm, whether financial, mental or physical in nature, through action or inaction by either another individual or through such person's own action or inaction when:
(A) Such person is residing in such person's own home, the home of a family member or the home of a friend;
(B) such person resides in an adult family home as defined in Kan. See Kansas Statutes 39-1430
- Caretaker: means a person or institution who has assumed the responsibility, whether legally or not, for the care of the resident voluntarily, by contract or by order of a court of competent jurisdiction. See Kansas Statutes 39-1401
- Exploitation: means misappropriation of resident property or intentionally taking unfair advantage of an adult's physical or financial resources for another individual's personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person. See Kansas Statutes 39-1401
- Financial exploitation: includes , but is not limited to:
(1) The use of deception, intimidation, coercion, extortion or undue influence by a person or entity to obtain or use an adult's property, income, resources or trust funds in a manner for the profit of or to the advantage of such person or entity;
(2) the breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust or a guardianship or conservatorship appointment, as it relates to the property, income, resources or trust funds of the adult; or
(3) the obtainment or use of an adult's property, income, resources or trust funds, without lawful authority, by a person or entity who knows or clearly should know that the adult lacks the capacity to consent to the release or use of such adult's property, income, resources or trust funds. See Kansas Statutes 39-1430
- In need of protective services: means that a resident is unable to perform or obtain services which are necessary to maintain physical or mental health, or both. See Kansas Statutes 39-1401
- Involved adult: means the adult who is the subject of a report of abuse, neglect or financial exploitation under this act. See Kansas Statutes 39-1430
- Law enforcement: means the public office which is vested by law with the duty to maintain public order, make arrests for crimes and investigate criminal acts, whether that duty extends to all crimes or is limited to specific crimes. See Kansas Statutes 39-1401
- Neglect: means the failure or omission by one's self, caretaker or another person with a duty to provide goods or services which are reasonably necessary to ensure safety and well-being and to avoid physical or mental harm or illness. See Kansas Statutes 39-1401
- Report: means a description or accounting of an incident or incidents of abuse, neglect or exploitation under this act and for the purposes of this act shall not include any written assessment or findings. See Kansas Statutes 39-1401
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) (1) When any of the following persons has reasonable cause to suspect or believe that an adult is in need of protective services or being harmed as a result of abuse, neglect or financial exploitation, such person shall promptly report the matter as provided by the provisions of this section:
(A) Persons licensed to practice the healing arts;
(B) persons engaged in postgraduate training programs approved by the state board of healing arts;
(C) persons licensed by the Kansas dental board to engage in the practice of dentistry;
(D) persons licensed by the board of examiners in optometry to engage in the practice of optometry;
(E) persons licensed by the board of nursing to engage in the practice of nursing;
(F) chief administrative officers of medical care facilities;
(G) persons licensed by the behavioral sciences regulatory board to provide mental health services, including psychologists, masters level psychologists, bachelors level social workers, masters level social workers, clinical social workers, marriage and family therapists, clinical marriage and family therapists, professional counselors, clinical professional counselors, behavior analysts, addiction counselors and clinical addiction counselors;
(H) teachers, school administrators or other employees of any Kansas educational institution, as defined in Kan. Stat. Ann. § 75-53,112, and amendments thereto, that the adult is attending;
(I) firefighters, law enforcement officers and emergency medical services personnel;
(J) court services officers, community corrections officers, case managers appointed under Kan. Stat. Ann. § 23-3508, and amendments thereto, and mediators appointed under Kan. Stat. Ann. § 23-3502, and amendments thereto;
(K) bank trust officers or any other officers of financial institutions;
(L) rehabilitation counselors;
(M) legal representatives;
(N) governmental assistance providers;
(O) independent living counselors;
(P) owners or operators of residential care facilities, as defined in Kan. Stat. Ann. § 39-2002, and amendments thereto;
(Q) the chief administrative officer of a licensed home health agency, as defined in Kan. Stat. Ann. § 65-5101, and amendments thereto;
(R) the chief administrative officer of an adult family home, as defined in Kan. Stat. Ann. § 39-1501, and amendments thereto; and
(S) the chief administrative officer of any provider of community services and affiliates thereof operated or funded by the Kansas department for children and families or licensed under Kan. Stat. Ann. § 39-2001 et seq., and amendments thereto.
(2) An employee of a domestic violence center shall not be required to report information or cause a report of information to be made under this subsection.
(b) Other state agencies receiving reports that are to be referred to the Kansas department for children and families and the appropriate law enforcement agency, shall submit the report to the department and agency within six hours, during normal work days, of receiving the information. Reports shall be made to the Kansas department for children and families during the normal working week days and hours of operation. Reports shall be made to law enforcement agencies during the time the Kansas department for children and families is not in operation. Law enforcement shall submit the report and appropriate information to the Kansas department for children and families on the first working day that the Kansas department for children and families is in operation after receipt of such information.
(c) The report made pursuant to this section shall contain the name and address of the person making the report and of the caretaker caring for the involved adult, the name and address of the involved adult, information regarding the nature and extent of the abuse, neglect or financial exploitation, the name of the next of kin of the involved adult, if known, and any other information that the person making the report believes might be helpful in the investigation of the case and the protection of the involved adult.
(d) Any other person, not listed in subsection (a) who has reasonable cause to suspect or believe that an adult is being or has been harmed as a result of abuse, neglect or financial exploitation may report such information to the Kansas department for children and families. Reports shall be made to law enforcement agencies during the time the Kansas department for children and families is not in operation.
(e) A person making a report under subsection (a) shall not be required to make a report under Kan. Stat. Ann. §§ 39-1401 through 39-1410, and amendments thereto.
(f) Any person required to report information or cause a report of information to be made under subsection (a) who knowingly fails to make such report or knowingly causes such report not to be made shall be guilty of a class B misdemeanor.
(g) Notice of the requirements of this act and the department to which a report is to be made under this act shall be posted in a conspicuous public place in every adult family home as defined in Kan. Stat. Ann. § 39-1501, and amendments thereto, and every provider of community services and affiliates thereof operated or funded by the Kansas department for aging and disability services or other facility licensed under Kan. Stat. Ann. § 39-2001 et seq., and amendments thereto, and other institutions included in subsection (a).