Session of 1999
         
HOUSE BILL No. 2393
         
By Committee on Health and Human Services
          
2-10
          
  9             AN  ACT concerning adult care homes; employees thereof; amending
10             K.S.A. 1998 Supp. 39-970 and repealing the existing section.
11      
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 1998 Supp. 39-970 is hereby amended to read as
14       follows: 39-970. (a) (1) On and after July 1, 1998, No person shall know-
15       ingly operate an adult care home if, in the adult care home, there works
16       any person who has been convicted of or has been adjudicated a juvenile
17       offender because of having committed an act which if done by an adult
18       would constitute the commission of capital murder, pursuant to K.S.A.
19       21-3439 and amendments thereto, first degree murder, pursuant to
20       K.S.A. 21-3401 and amendments thereto, second degree murder, pur-
21       suant to subsection (a) of K.S.A. 21-3402 and amendments thereto, vol-
22       untary manslaughter, pursuant to K.S.A. 21-3403 and amendments
23       thereto, assisting suicide pursuant to K.S.A. 21-3406 and amendments
24       thereto, mistreatment of a dependent adult, pursuant to K.S.A. 21-3437
25       and amendments thereto, rape, pursuant to K.S.A. 21-3502 and amend-
26       ments thereto, indecent liberties with a child, pursuant to K.S.A. 21-3503
27       and amendments thereto, aggravated indecent liberties with a child, pur-
28       suant to K.S.A. 21-3504 and amendments thereto, aggravated criminal
29       sodomy, pursuant to K.S.A. 21-3506 and amendments thereto, indecent
30       solicitation of a child, pursuant to K.S.A. 21-3510 and amendments
31       thereto, aggravated indecent solicitation of a child, pursuant to K.S.A. 21-
32       3511 and amendments thereto, sexual exploitation of a child, pursuant to
33       K.S.A. 21-3516 and amendments thereto, sexual battery, pursuant to
34       K.S.A. 21-3517 and amendments thereto, or aggravated sexual battery,
35       pursuant to K.S.A. 21-3518 and amendments thereto, or similar statutes
36       of other states or the federal government.
37             (2) On and after July 1, 1998, A person operating an adult care home
38       may employ an applicant who has been convicted of any of the following
39       if five or more years have elapsed since the applicant satisfied the sen-
40       tence imposed or was discharged from probation, a community correc-
41       tional services program, parole, postrelease supervision, conditional re-
42       lease or a suspended sentence; or if five or more years have elapsed since
43       the applicant has been finally discharged from the custody of the com-

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  1       missioner of juvenile justice or from probation or has been adjudicated a
  2       juvenile offender, whichever time is longer: A felony conviction for a
  3       crime which is described in: (A) article 34 of chapter 21 of the Kansas
  4       Statutes Annotated and amendments thereto, except those crimes listed
  5       in subsection (a)(1); (B) articles 35 or 36 of chapter 21 of the Kansas
  6       Statutes Annotated and amendments thereto, except those crimes listed
  7       in subsection (a)(1) and K.S.A. 21-3605 and amendments thereto; (C) a
  8       conviction of an attempt under K.S.A. 21-3301 and amendments thereto
  9       to commit any act listed in this subsection or subsection (a)(1); or (D)
10       similar statutes of other states or the federal government.
11             (b) No person shall operate an adult care home if such person has
12       been found to be a disabled person in need of a guardian or conservator,
13       or both.
14             (c) The secretary of health and environment shall have access to any
15       criminal history record information in the possession of the Kansas bureau
16       of investigation concerning persons working in an adult care home. The
17       secretary shall have access to these records for the purpose of determining
18       whether or not the adult care home meets the requirements of this sec-
19       tion. The Kansas bureau of investigation may charge to the department
20       of health and environment a reasonable fee for providing criminal history
21       record information under this subsection. If not otherwise prohibited un-
22       der existing law, the secretary shall establish a program to allow operators
23       of an adult care home who are approved by the secretary for this purpose
24       to have direct computer access to such criminal history record information
25       subject to the fee authorized under subsection (e). This program shall be
26       developed and implemented in consultation with the Kansas bureau of
27       investigation.
28             (d) For the purpose of complying with this section, the operator of
29       an adult care home shall request from the department of health and
30       environment information obtained by the secretary of health and envi-
31       ronment which relates to a person who works in the adult care home, or
32       is being considered for employment by the adult care home, for the pur-
33       pose of determining whether such person is subject to the provision of
34       this section. For the purpose of complying with this section, the operator
35       of an adult care home shall receive from any employment agency which
36       provides employees to work in the adult care home written certification
37       that such employees are not prohibited from working in the adult care
38       home under this section. For the purpose of complying with this section,
39       information relating to convictions and adjudications by the federal gov-
40       ernment or to convictions and adjudications in states other than Kansas
41       shall not be required until such time as the secretary of health and en-
42       vironment determines the search for such information could reasonably
43       be performed and the information obtained within a two-week period.

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  1       For the purpose of complying with this section, a person who operates
  2       an adult care home may hire an applicant for employment on a conditional
  3       basis pending the results from the department of health and environment
  4       of a request for information under this subsection. No adult care home,
  5       the operator or employees of an adult care home or an employment
  6       agency, or the operator or employees of an employment agency, shall be
  7       liable for civil damages resulting from any decision to employ, to refuse
  8       to employ or to discharge from employment any person based on such
  9       adult care home's compliance with the provisions of this section if such
10       adult care home or employment agency acts in good faith to comply with
11       this section.
12             (e) The secretary of health and environment shall charge each person
13       requesting information under this section a fee equal to cost, not to ex-
14       ceed $10, for each name about which an information request has been
15       submitted to the department under this section.
16             (f) No person who works for an adult care home and who is currently
17       licensed or registered by an agency of this state to provide professional
18       services in the state and who provides such services as part of the work
19       which such person performs for the adult care home shall be subject to
20       the provisions of this section.
21             (g) A person who volunteers in an adult care home shall not be sub-
22       ject to the provisions of this section because of such volunteer activity
23       unless such person has been convicted of an act specified under subsection
24       (a)(1) which is a felony or has been adjudicated a juvenile offender be-
25       cause of having committed an act specified under subsection (a)(1) which
26       if done by an adult would constitute a felony, and such person would not
27       be qualified for employment by an adult care home under subsection
28       (a)(2).
29             (h) No person who has been employed by the same adult care home
30       for five consecutive years immediately prior to the effective date of this
31       act shall be subject to the provisions of this section while employed by
32       such adult care home.
33             (i) The operator of an adult care home shall not be required under
34       this section to conduct a background check on an applicant for employ-
35       ment with the adult care home if the applicant has been the subject of a
36       background check under this act within one year prior to the application
37       for employment with the adult care home. The operator of an adult care
38       home where the applicant was the subject of such background check may
39       release a copy of such background check to the operator of an adult care
40       home where the applicant is currently applying.
41             (j) No person who is in the custody of the secretary of corrections
42       and who provides services, under direct supervision in nonpatient areas,
43       on the grounds or other areas designated by the superintendent of the

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  1       Kansas soldiers' home or the Kansas veterans' home shall be subject to
  2       the provisions of this section while providing such services.
  3             (k) This section shall be part of and supplemental to the adult care
  4       home licensure act. 
  5       Sec.  2. K.S.A. 1998 Supp. 39-970 is hereby repealed.
  6        Sec.  3. This act shall take effect and be in force from and after its
  7       publication in the statute book.