39-759. Unlawful acts relating to information concerning absent parents; penalty.
39-759
39-759. Unlawful acts relating to informationconcerning absentparents; penalty.(a) With respect to information obtained by the secretary underK.S.A. 39-758, 39-7,136, 39-7,143 or39-7,150, andamendments thereto, orK.S.A. 2009 Supp.75-5366 and 75-5667, and amendmentsthereto, anyperson whowillfullyrequests, obtains or seeks to obtain confidentialinformation except in accordance with any lawpermitting such disclosure shall beguilty of a class B nonperson misdemeanor.With respect to information obtained by the secretary under K.S.A. 39-758, 39-7,136, 39-7,143 or 39-7,150, andamendments thereto, orK.S.A. 2009 Supp.75-5366 and 75-5367, and amendmentsthereto, anyperson who willfullyrequests, obtains or seeks to obtain confidential information under falsepretenses or who willfully communicates or seeks to communicate suchinformation to any person except in accordance with any law permitting suchdisclosureshall be guilty of a severity level 10, nonperson felony.If the offender is an officer or employee of the state or a politicalsubdivision of the state, such officer or employee shall be dismissed fromoffice.If the offender's supervisor does not dismiss the offender, such supervisorshall be dismissed from office.Any violation of this subsection by a IV-D contractor or an agent of aIV-D contractor shall be grounds for termination of the IV-D contractand the contract shall be terminated. The provisions of this subsection shallbe a completedefense in any civil action concerning such dismissal, terminationof the IV-D contract or termination of a contractor's relationship with anindividualoffender.When the individual is hired as an officer or employee of the state or apolitical subdivision or hired by a IV-D contractor, such individual shall begiven verbal and written notice of the provisions of this subsection. Suchindividual shall sign a statement stating that such information was received.
(b) The secretary shall safeguard, to theextent required by title IV-D or any other provision of law, any confidentialinformation handled by thesecretary. Unauthorized use or disclosure of information relating toproceedings or actions to establish paternity or to establish or enforce asupport obligation is prohibited, except that nothing in this provision shallprevent the secretary or the secretary's designees from using or disclosinginformation, or authorizing use or disclosure of information, as needed in theadministration of the IV-D program or as authorized by title IV-D.
The release of information concerning the location of one party to anotherpartyagainst whom a protective order with respect to the former party has beenentered is prohibited. The release of information concerning the location ofoneparty to another party is prohibited if the secretary has reason to believethat the release of such information may result in physical or emotional harmto the former party. For purposes of this subsection, "has reason to believe"means that the former party has claimed good cause for refusing to cooperate inIV-D activities, so long as the claim is pending or has been approved.Such good cause shall relate to one of the following: (1) The child wasconceived as a result of incest or rape; (2) there are legal proceedings foradoption of the child pending before a court; (3) the custodial parent iscurrently being assisted by a public or licensed private social agency indetermining whether to keep the child or relinquish the child for adoption; (4)there is documented evidence to support the claim that the child may bephysically or emotionally harmed; or (5) there is documented evidence tosupport the claim that the custodial parent may be physically or emotionallyharmed so seriously as to reduce the capacity to adequately care for the child.
(c) The provisions of this section shall be in addition to any otherprohibition against further disclosure, remedy or sanction provided by law.
History: L. 1976, ch. 210, § 9;L. 1997, ch. 182, § 71;L. 2008, ch. 136, § 3; July 1.