Current Through May 2018
Right of the Reported Person to Review and Challenge Records Citation: Admin. Regs. § 30-46-17
Any perpetrator of abuse or neglect may apply in writing to the secretary of the Department of Children and Family Services to have the perpetrator’s record expunged from the central registry when 3 years have passed since the perpetrator’s name was entered on the central registry or when information is presented that was not available at the time of the finding of abuse or neglect.
Each application for expunction shall be referred to the expunction review panel. The panel shall consist of the director of the department or the director’s designee, the chief legal counsel of the department or the counsel’s designee, and a representative of the public appointed by the secretary. The department director or the director’s designee shall chair the panel.
A review hearing shall be convened by the panel, at which time the applicant may present evidence supporting expunction of the applicant’s name from the central registry. The applicant shall have the burden of providing the panel with the basis for granting the application. Evidence in support of or in opposition to the application may be presented by the regional office that conducted the original investigation. An application for expunction from a perpetrator shall be accepted no more than once every 12 months.
Recommendations of the review panel shall be determined by majority vote. The following factors shall be considered by the panel in making its recommendation:
• The nature and severity of the act of abuse or neglect
• The number of findings of abuse or neglect involving the applicant
• If the applicant was a child at the time of the findings of abuse or neglect for which expunction is requested, the age of the
applicant at the time of the occurrence
• Circumstances that no longer exist that contributed to the finding of abuse or neglect by the applicant
• Actions taken by the applicant to prevent the reoccurrence of abuse or neglect
The review hearing shall be set within 30 days from the date the application for expunction is received by the department. The department director or the director’s designee shall send a written notice to the applicant and the regional office that made the finding at least 10 days before the hearing. The notice shall state the day, hour, and place of the hearing. Continuances may be granted only for good cause.
A written recommendation to the secretary shall be rendered by the panel within 60 days from the date of the hearing. The recommendation to the secretary shall be submitted in writing and shall set forth the reasons for the recommendation. Based upon findings and recommendations of the panel, a record may be expunged or expunction may be denied by the secretary.
When Records Must Be Expunged Citation: Admin. Regs. § 30-46-17(c)
Any record may be expunged from the central registry by the secretary when 18 years have passed since the most recent finding of abuse or neglect.
Each record of a perpetrator who was under age 18 at the time of abuse or neglect shall be expunged 5 years after the finding of abuse or neglect is entered in the central registry if the perpetrator has had none of the following after entry in the registry:
• A finding of abuse or neglect
• A juvenile offender adjudication for any act that, if committed by an adult, would be a class A person misdemeanor or any
• A criminal conviction for a class A person misdemeanor or any person felony
The decision of the secretary shall be in writing and shall set forth the reasons for the decision. Denial of the application shall be the final agency order. The applicant shall be informed of the right to appeal pursuant to the Kansas judicial review act.