Chapter 39 — DEPENDENT PERSONS AND PERSONS WITH DISABILITIES; SOCIAL WELFARE

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…

39-1411. Register of reports; findings forwarded to certain state regulatory authorities; consideration of findings; certain information confidential and not subject to open records act; disclosure of certain individuals prohibited. (a) The secretary for aging and disability serv…

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 throu…

39-1430. Abuse, neglect or financial exploitation of certain adults; definitions. As used in this act: (a) "Act" means K.S.A. 39-1430 et seq., and amendments thereto. (b) (1) "Adult" means a person 18 years of age or older alleged to be unable to protect such person's own interes…

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. (a) (1) When any of the following persons has reasonable cause to suspect or believe…

39-1431a. History: L. 1989, ch. 129, § 2; L. 1998, ch. 200, § 9; L. 2001, ch. 154, § 4; L. 2003, ch. 91, § 12; L. 2014, ch. 115, § 168; L. 2018, ch. 71, § 8; Repealed, L. 2019, ch. 65, § 10; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived L…

39-1431b. History: L. 1989, ch. 129, § 2; L. 1998, ch. 200, § 9; L. 2001, ch. 154, § 4; L. 2003, ch. 91, § 12; L. 2014, ch. 115, § 168; L. 2018, ch. 33, § 2 L. 2019, ch. 65, § 6; Repealed, L. 2021, ch. 113, § 9; July 1. Revisor's Note: Section was amended twice during the 2019 se…

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, in…

39-1433. Same; duties of Kansas department for children and families; face-to-face visit; investigation and evaluation; findings referred to appropriate regulating authority, when; information provided to certain persons. (a) The Kansas department for children and families, upon …

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, evaluation…

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…

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 famili…

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…

39-1438. Same; when protective services accepted or declined. If an involved adult does not agree to accept reasonable and necessary protective services, or if such adult states during the course of service delivery that such adult does not want to proceed with such services, suc…

39-1439. Same; district court appointment of attorney to represent involved adult, when. In any proceeding in district court pursuant to provisions of this act, the district court shall appoint an attorney to represent the involved adult if the adult is without other legal repres…

39-1440. Same; 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 shall initiate a review of each case within 60 days to d…

39-1441. Same; authority of secretary for children and families; toll-free telephone number. The authority of the secretary under this act includes, but is not limited to, the right to initiate or otherwise take those actions necessary to assure the health, safety and welfare of …

39-1442. Same; least restrictive actions to be taken. Any actions taken under this act shall be consistent with providing protective services and accommodations in a manner no more restrictive of an individual's personal liberty and no more intrusive than necessary to achieve acc…

39-1443. Same; investigation of reports; coordination and cooperation between agencies. (a) The Kansas department for children and families and law enforcement officers shall have the duty to receive and investigate reports of adult abuse, neglect or financial exploitation for th…

39-1444. Citation of act. K.S.A. 2025 Supp. 39-1444 through 39-1452, and amendments thereto, shall be known and may be cited as the protect vulnerable adults from financial exploitation act. History: L. 2024, ch. 63, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL G…

39-1445. Definitions. As used in the protect vulnerable adults from financial exploitation act: (a) "Act" means the protect vulnerable adults from financial exploitation act. (b) "Agent" means the same as defined in K.S.A. 17-12a102, and amendments thereto. (c) "Broker-dealer" me…

39-1446. Mandatory reporting by broker-dealer or investment advisor. If a qualified person reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted or is being attempted, the broker-dealer or investment adviser shall promptly…

39-1447. Immunity of qualified persons for disclosure of information. A qualified person who, in good faith and exercising reasonable care, makes a disclosure of information pursuant to K.S.A. 2025 Supp. 39-1446, and amendments thereto, shall be immune from administrative and civ…

39-1448. Notification of disclosure of information to certain persons authorized; exceptions. A qualified person who, in good faith and exercising reasonable care, makes a disclosure of information pursuant to K.S.A. 2025 Supp. 39-1446, and amendments thereto, may notify any pers…

39-1449. Immunity of qualified persons for notifying associated individuals. A qualified person who, in good faith and exercising reasonable care, complies with the provisions of K.S.A. 2025 Supp. 39-1448, and amendments thereto, shall be immune from any administrative and civil …

39-1450. Delay of transaction or disbursement in specified circumstances; expiration of delay; extension of delay by court. (a) A broker-dealer or investment adviser may delay a transaction associated with or disbursement from an account of an eligible adult or an account on whic…

39-1451. Immunity of broker-dealers and investment advisers. A broker-dealer or investment adviser that, in good faith and exercising reasonable care, complies with the provisions of K.S.A. 2025 Supp. 39-1450, and amendments thereto, shall be immune from any administrative and ci…

39-1452. Confidentiality of records. (a) A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to the protective agencies and to law enforcement agencies, eith…

39-1501. Adult family homes; definitions. As used in this act: (a) "Adult family home" means a private residence in which care is provided for not less than 24 hours in any week for one or two adult clients who: (1) Are not related within the third degree of relationship to the o…

39-1502. Same; registration; forms. Any person maintaining an adult family home shall apply for registration of such home with the secretary on forms furnished by the secretary. History: L. 1983, ch. 142, § 2; April 21. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Pol…

39-1503. Same; registration; application for renewal; duties of secretary. (a) Upon receipt of an application for registration of a private residence as an adult family home and upon certification by the applicant that no person residing therein has an infectious or communicable …

39-1504. Same; requirements for registration. The secretary shall administer the adult family home registration program in accordance with the following requirements: (a) (1) The home shall meet health standards and safety regulations of the community and the provisions of chapte…

39-1505. Same; assessing compliance; suspension or revocation of registration; unannounced inspections. (a) The secretary may enter an adult family home at any time determined by the secretary to be necessary for the purpose of assessing compliance with the requirements provided …

39-1601. Citation of act. K.S.A. 39-1601 through 39-1612 and amendments thereto shall be known and may be cited as the mental health reform act. History: L. 1990, ch. 92, § 1; July 1. Cross References to Related Sections: Community mental health centers, see chapter 19, article 4…

39-1602. Definitions. As used in K.S.A. 39-1601 through 39-1612, and amendments thereto: (a) "Targeted population" means the population group designated by rules and regulations of the secretary as most in need of mental health services that are funded, in whole or in part, by st…

39-1603. Powers and duties of secretary for aging and disability services. In addition to powers and duties otherwise provided by law, the secretary shall have the following powers and duties: (a) To function as the sole state agency to develop a comprehensive plan to meet the ne…

39-1604. Secretary for aging and disability services to adopt state assessment of needs; plan to develop and operate a state system; development by mental health centers of community assessment of needs and plan for community based services; annual review and update of assessment…

39-1605. Governor's behavioral health services planning council; composition of council; chairperson; terms of members; vacancies; vice-chairperson; compensation. (a) There is hereby established the governor's behavioral health services planning council. The council shall consist…

39-1606. Meetings of governor's behavioral health services planning council; duties of council; visits to state psychiatric hospitals and other providers; annual reports. (a) The governor's behavioral health services planning council shall hold regular quarterly meetings and such…

39-1607. Mental health and developmental disabilities; certain powers, duties and functions. All those powers, duties, functions of adult services, which were part of the adult services community and day living program, or similar programs prior to March 1, 1991, and which provid…

39-1608. Mental health centers to develop community assessment of needs and plan to provide community based mental health services; approval by secretary; annual reviews and reports; amendments to plan; rules and regulations; guidelines for conduct of assessments of need, for dev…

39-1609. Provision of community based mental health services; technical and financial assistance. (a) Each mental health center may provide community based mental health services under the system established in accordance with this act and approved by the secretary either by dire…

39-1610. Participating mental health centers; services provided; disbursement of funds for services; mental health reform phased program; admission and discharge criteria for patients; contracts for nonclinical services. (a) Prior to January 1, 1991, for the Osawatomie state hosp…

39-1611. Pilot project to provide psychiatric and substance abuse services for medicaid eligible residents less than 21 years of age; contract for such services; reports and information. Subject to applicable federal guidelines and regulations and the provisions of appropriations…

39-1612. Act does not require mental health centers to make expenditures not approved by governing board of center. Nothing in the mental health reform act shall authorize the secretary or the Kansas department for aging and disability services to require that mental health cente…

39-1613. Catchment areas for state psychiatric hospitals; rules and regulations, guidelines. (a) The secretary for aging and disability services is hereby authorized to adopt rules and regulations to define and redefine the state hospital catchment areas as may be necessary in th…

39-1701. Interagency provision of services for children, adolescents and families act; purpose and intention of act. This act shall be known and may be cited as the interagency provision of services for children, adolescents and families act. It is the purpose and intention of th…

39-1702. Definitions. As used in this act: (a) "Children and adolescents who require multiple levels and kinds of specialized services which are beyond the capability of one agency" means children and adolescents who are residents of Kansas, and with respect to whom there is docu…

39-1703. System of regional interagency councils; establishment; purpose; rules and regulations. There is hereby established a system of regional interagency councils to coordinate or assure delivery of services for children and adolescents who require multiple levels and kinds o…

39-1704. Regional interagency councils; convening of; purpose; chairperson; composition; procedure and meetings; duties; confidentiality. (a) Subject to the provisions of subsection (b), the director, or an appointed designee of the director, of each area office of the Kansas dep…