Kansas

How does state law define child abuse and neglect for reporting purposes?

• Mandated reporters must report neglect and physical, mental, emotional and sexual abuse as defined by Kansas statute 38-2202 and any case law and other legal guidance interpreting this statute.
  • “Neglect” means acts or omissions by a parent, guardian or person responsible for the care of a child resulting in harm to a child, or presenting a likelihood of harm, and the acts or omissions are not due solely to the lack of financial means of the child's parents or other custodian. Neglect may include, but shall not be limited to:
    • Failure to provide the child with food, clothing or shelter necessary to sustain the life or health of the child;
    • Failure to provide adequate supervision of a child or to remove a child from a situation which requires judgment or actions beyond the child's level of maturity, physical condition or mental abilities and that results in bodily injury or a likelihood of harm to the child; or
    • Failure to use resources available to treat a diagnosed medical condition if such treatment will make a child substantially more comfortable, reduce pain and suffering, or correct or substantially diminish a crippling condition from worsening. A parent legitimately practicing religious beliefs who does not provide specified medical treatment for a child because of religious beliefs shall not for that reason be considered a negligent parent; however, this exception shall not preclude a court from entering an order pursuant to K.S.A. 2018 Supp.38-2217(a)(2), and amendments thereto.
  • "Physical, mental or emotional abuse" means the infliction of physical, mental or emotional harm or the causing of a deterioration of a child and may include, but shall not be limited to, maltreatment or exploiting a child to the extent that the child's health or emotional well-being is endangered.
  • "Sexual abuse" means 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. Sexual abuse shall include, but is not limited to, allowing, permitting or encouraging a child to:
    • Be photographed, filmed or depicted in pornographic material; or
    • Be subjected to aggravated human trafficking, as defined in K.S.A. 2018 Supp.21-5426(b), and amendments thereto, if committed in whole or in part for the purpose of the sexual gratification of the offender or another, or be subjected to an act which would constitute conduct proscribed by article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 2018 Supp.21-6419or21-6422, and amendments thereto.

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

Please see the statutes and definitions above as well as any related interpretative legal guidance, and please consult with legal counsel with expertise in reporting law to answer this question.

For the most current definitions of these terms, refer to the statutory definitions and what is reportable on the Kansas Office of Revisor of Statutes website.