Kansas

Delinquency proceedings: Delinquency hearings involving juveniles 16 years old or older at the time of the alleged offense are open to the public in Kansas. If the juvenile is 15 years old or younger, the judge may close the hearing after a determination that doing so is in the best interests of the victim or alleged juvenile offender. But even in those cases where the judge determines that an open hearing is not in the best interest of the juvenile, the court may allow other people to attend if all parties agree unless the judge finds that the presence of these people would disrupt the proceedings. Interpreting a different statutory provision that has since been repealed, the state Supreme Court held in a series of rulings that the meaning of “hearing” in the old statute applied only to hearings of an adjudicatory nature, or those that result in a determination of guilt or innocence or in confinement or punishment rather than merely address preliminary or procedural matters. But language in the current statute specifically states that “hearings” include all proceedings held under the Revised Kansas Juvenile Justice Code, including detention, first appearance, sentencing, as well as adjudicatory hearings. Kan. Stat. Ann. § 38-2353 (2011).

Delinquency records: Whether juvenile delinquency court, law enforcement and agency records are open to the public in Kansas depends on the age and alleged offense of the juvenile. If the juvenile is 13 years old or younger, the records are not available for public inspection and may be disclosed only to certain individuals and agencies designated by statute or those with a court order. However, this general rule of confidentiality does not apply in the following cases: 1) where a juvenile 14 years old or older has violated a statute, city ordinance or county resolution relating to the regulation of traffic or the operation of automobiles or other vehicles; 2) where a juvenile 16 years old or older has violated a specific statute governing, among other activities, the handling of firearms or boating activities; and 3) where any juvenile is charged as an adult. In addition, records concerning a public offense committed or allegedly committed by a juvenile 14 years old or older are subject to the same disclosure restrictions as those of adults. Information identifying victims and alleged victims of sexual offenses may not be publicly disclosed, although nothing in the statute prohibits such a victim or alleged victim from voluntarily disclosing his or her identity. Id. § 38-1608.

Dependency proceedings: Proceedings involving the termination of parental rights are generally open to the public unless the court determines that closure or exclusion of that person from the proceeding would be in the best interests of the child or necessary to protect the privacy rights of the parents. But proceedings related to the disposition of a child alleged to be in need of care are generally closed to the public. The court may allow other people to attend, however, if all parties agree and the court determines that such attendance would be in the best interests of the child or the conduct of the proceedings, subject to any limitations the court decides are appropriate. In addition, if confidential information is introduced into evidence, the court may exclude those people not authorized to receive such information or conduct a private hearing in the judge’s chambers during the presentation of this evidence. Id. § 38-2247.

Dependency records: Juvenile court, agency and law enforcement records involving the subject of a child-in-need-of-care report are not available for public inspection and may be disclosed only to certain individuals and agencies designated by statute or those with a court order. Id. § 38-2209. However, information from confidential reports or records of such children may be publicly disclosed when: 1) the individuals involved or their representatives have given consent; or 2) an investigation into alleged child abuse or neglect or the filing of a petition alleging that a child is in need of care has become public knowledge so long as the disclosure is limited to confirmation of procedural details relating to professionals’ handling of the case. In addition, in cases where child abuse or neglect has resulted in a child fatality or near fatality, reports or records of a child alleged or adjudicated to be in need of care that have been received by the secretary of the state Department of Social and Rehabilitation Services, a law enforcement agency or any juvenile intake and assessment worker are public record. Within seven days of receipt of an open-records request for these documents, the secretary will notify any affected individual, who, in addition to the secretary, may file a motion asking the court to prevent disclosure of the information. In that case, the court will consider the effect such disclosure may have on an ongoing criminal investigation, pending prosecution or the privacy of the child, the child’s siblings, parents or guardians. If the court denies the request, it is required to make written, on-the-record findings justifying its decision, a copy of which the court must provide to the individual who requested the records. Id. § 38-2212.

Restrictions on coverage: Kansas law allows victims 12 years old or younger to testify in criminal proceedings outside the presence of the defendant via video-recorded testimony or closed-circuit television. The statute does not specify whether the media and public may remain in the courtroom when this testimony is broadcast there. Id. § 22-3434. In addition, the state Supreme Court’s rules governing media coverage of judicial proceedings prohibit the audio recording and photographing of juveniles who participate in a trial court proceeding and request such a restriction. But members of the news media may record and photograph a juvenile who is being prosecuted as an adult for a criminal offense. Kan. Sup. Ct. R. 1001(6)—(7). A Supreme Court committee currently is reviewing the rules on media coverage of judicial proceedings.