2006 Kansas Code - 38-1523a

      38-1523a.   Same; multidisciplinary team; appointment; disclosure of information upon application withdrawal. (a) Upon recommendation of the state department of social and rehabilitation services or the county or district attorney, the court may appoint a multidisciplinary team to assist in gathering information regarding a child alleged to be a child in need of care by reason of physical, mental or emotional abuse or neglect or sexual abuse. The team may be a standing multidisciplinary team or may be appointed for a specific child.

      (b)   Any person appointed as a member of a multidisciplinary team may decline to serve and shall incur no civil liability as the result of declining to serve.

      (c)   This section shall be part of and supplemental to the Kansas code for care of children.

      (d)   The multidisciplinary team may request disclosure of information in regard to a child alleged to be a child in need of care, or a child who has been adjudged to be a child in need of care, by making a written verified application to the district court. Upon a finding by the court there is probable cause to believe the information sought may assist in determining if a child is a child in need of care as defined in K.S.A. 38-1502 and amendments thereto, or in assisting a child who has been adjudicated a child in need of care, then the court may issue a subpoena, subpoena duces tecum or enter an order for the production of the requested documents, reports or information and directing the document, reports or information to be delivered to the applicant at a specified time, date and place. The time and date of delivery shall not be sooner than five days after the service of the subpoena or order, excluding Saturdays, Sundays or holidays. The court issuing the subpoena or order shall keep all applications filed pursuant to this subsection and a copy of the subpoena or order in a special file maintained for such purpose or in the official court file for the child. Upon receiving service of a subpoena, subpoena duces tecum or an order for production pursuant to this subsection, the party served shall give oral or written notice of service to any person known to have a right to assert a privilege or assert a right of confidentiality in regard to the documents, reports or information sought at least three days before the specified date of delivery.

      (e)   The written verified application shall be in substantially the following form:

In the Interest of ___________________ Case No.
                           Name(s)
Date of birth:______________________
Each a child under 18 years of age.

County of ________________
                                ss
State of Kansas

      The undersigned applicant being first duly sworn alleges and states as follows:

1.   The applicant is _____________________________.

2.   There is an investigation being made into the report of alleged neglect or abuse in regard to the above-named child or children.

A petition has been filed alleging the above-named child is a child in need of care or the child has been adjudicated to be a child in need of care.

3.   The following documents, reports and/or information are requested. (List specifically.)

4.   The reasons for the request are:

      Further applicant saith not.

_________________________ Applicant

Subscribed and sworn to before me

this _____ day of _______________, 19____.

_________________________ Notary Public

My commission expires:

______________________

      (f)   Any parent, child, guardian ad litem, party subpoenaed or subject to an order of production or person who claims a privilege or right of confidentiality may request in writing that the court issuing the subpoena or order for production withdraw the subpoena, subpoena duces tecum or order for production issued pursuant to subsection (d). The request shall automatically stay the operation of the subpoena, subpoena duces tecum or order for production and the documents, reports or information requested shall not be delivered until the issuing court has held a hearing to determine if the documents, reports or information are subject to the claimed privilege or right of confidentiality, and whether it is in the best interests of the child for the subpoena or order to produce to be honored. The request to withdraw shall be filed with the district court issuing the subpoena or order at least 24 hours prior to the specified time and date of delivery, excluding Saturdays, Sundays or holidays, and a copy of the written request must be given to the person subpoenaed or subject to the order for production at least 24 hours prior to the specified time and date of delivery.

      History:   L. 1988, ch. 138, § 3; L. 1990, ch. 147, § 4; July 1.