Kansas Statutes 39-1436. Same; access to relevant records; confidentiality requirements
Terms Used In Kansas Statutes 39-1436
- 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
- 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
(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 Kan. Stat. Ann. § 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).