Kan. Admin. Regs. § 30-46-10 - Definitions
For the purpose of the child abuse and neglect central registry, the following definitions shall apply:
(a) "Abandon" and "abandonment" have the
meaning specified in
K.S.A.
38-2202, and amendments thereto.
(b) "Abuse" means "physical, mental or
emotional abuse" or "sexual abuse," as these two terms are defined in
K.S.A.
38-2202 and amendments thereto and as "sexual
abuse" is further defined in this regulation, involving a child who resides in
Kansas or is found in Kansas, regardless of where the act occurred. The term
"abuse" shall include any act that occurred in Kansas, regardless of where the
child is found or resides.
The term "abuse" may include the following:
(1) Terrorizing a child, by creating a
climate of fear or engaging in violent or threatening behavior toward the child
or toward others in the child's presence that demonstrates a flagrant disregard
for the child;
(2) emotionally
abandoning a child, by being psychologically unavailable to the child,
demonstrating no attachment to the child, or failing to provide adequate
nur-turance of the child; and
(3)
corrupting a child, by teaching or rewarding the child for unlawful,
antisocial, or sexually mature behavior.
(c) "Affirmed perpetrator" means a person who
has been determined by the secretary or the secretary's designee, by a
preponderance of evidence, to have committed an act of abuse or neglect,
regardless of where the person resides, but has not been substantiated so the
affirmed perpetrator's name is not placed on the child abuse and neglect
central registry.
(d) "Alleged
perpetrator" means the person identified in the initial report or during the
investigation as the person suspected of perpetrating an act of abuse or
neglect.
(e) "Child" means anyone
under the age of 18 or anyone under the age of 21 and in the custody of the
secretary pursuant to
K.S.A.
38-2255, and amendments thereto.
(f) "Child abuse and neglect central
registry" means the list of names for individuals identified by the department
as substantiated perpetrators.
(g)
"Child care facility" has the meaning specified in
K.S.A.
65-503, and amendments thereto.
(h) "Department" means Kansas department for
children and families.
(i)
"Investigation" means the gathering and assessing of information to determine
if a child has been harmed, as defined in
K.S.A.
38-2202 and amendments thereto, as the result
of abuse or neglect, to identify the individual or individuals responsible, and
to determine if the incident perpetrated by the individual or individuals
should be affirmed or substantiated.
(j) "Neglect" has the meaning specified in
K.S.A. 382202, and amendments thereto, involving a child who resides in Kansas
or is found in Kansas, regardless of where the act or failure to act occurred.
The term "neglect" may include the following:
The birth of an infant who is identified as being affected by or having withdrawal symptoms resulting from prenatal exposure to a legal or an illegal substance; and
(2) [(1)]
failure of the parent or caregiver to meet that individual's responsibilities
to provide for the child's education as required by law.
(k) "Sexual abuse" has the meaning specified
in
K.S.A.
38-2202, and amendments thereto. With respect
to the determination by the department for children and families of an affirmed
or substantiated finding of sexual abuse, difference in age and maturity
between the perpetrator and victim and issues of force or coercion may be
considered.
(l) "Substantiated
perpetrator" and "perpetrator" mean a person, regardless of where the person
resides, who has been substantiated by the secretary or the secretary's
designee, by a preponderance of evidence, to have either intentionally
committed an act of abuse or neglect or failed or refused to protect a child
when a reasonable person would have anticipated that the act of abuse or
neglect would result in or create a likelihood of serious harm, injury, or
deterioration to the child. The substantiated perpetrator's name is placed on
the Kansas child abuse and neglect central registry, and the person is thereby
prohibited from residing, working, or volunteering in a child care facility
pursuant to
K.S.A.
65-516, and amendments thereto.
(m) "Unsubstantiated alleged perpetrator"
means a person who has been determined by the secretary or the secretary's
designee, by a preponderance of evidence, to have not committed an alleged act
of abuse or neglect.
Notes
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No prior version found.