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 nurturance of the child; and
(3) corrupting a child, by teaching or
rewarding the child for unlawful, antisocial, or sexually mature
behavior.
(c) "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.
(d) "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.
(e) "Child abuse and neglect central
registry" means the list of names for individuals identified by the department
as substantiated perpetrators.
(f)
"Child care facility" has the meaning specified in
K.S.A. 65-503, and amendments thereto.
(g) "Department" means Kansas department for
children and families.
(h)
"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 substantiated.
(i) "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.
(j) "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 a
substantiated finding of sexual abuse, difference in age and maturity between
the perpetrator and victim and issues of force or coercion may be
considered.
(k) "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.
(l) "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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