KS SB128

Licensed social workers working under attorney supervision are exempted from mandatory reporting obligations for suspected child abuse, neglect, adult abuse, or exploitation when the information arises solely during legal representation or while a prospective client seeks representation in criminal, civil, domestic, or juvenile matters.

Attorneys may require licensed social workers under their supervision to maintain confidentiality of information in compliance with the attorney's ethical obligations under Kansas Rules of Professional Conduct.

The exception applies to multiple reporting statutes covering child abuse (K.S.A. 38-2223), adult care facility resident abuse (K.S.A. 39-1402), and adult protective services (K.S.A. 39-1431).

Employers are prohibited from terminating or sanctioning social workers for maintaining attorney-client confidentiality when working under an attorney's supervision, but attorneys may require such confidentiality as a condition of employment.

Social worker confidentiality provisions (K.S.A. 65-6315) are amended to protect information acquired while working under attorney supervision from compelled disclosure and mandatory reporting requirements.