Attorney General Opinion No. 1985-050

Résumé du livre

K.S.A. 1984 Supp. 65-516(a)(1), as amended by 1985 House Bill No. 2145, prohibits persons with certain felony convictions from working in a boarding home for children which is licensed by the department of health and environment. The statute contains no time limit upon such prohibition, with the result that a person having such a conviction is precluded from such employment for the remainder of his or her life. However, expungement of such convictions under K.S.A. 1984 Supp. 21-4619 is permitted, except in the case of boarding homes which are also detention facilities operated by a local or state criminal justice agency. The effect of expungement is to close the record of the felony conviction from public scrutiny, including that of the department of social and rehabilitation services, which is otherwise provided access to criminal history information concerning persons working in boarding homes for children. K.S.A. 1984 Supp. 65-516(d), as amended. The department of social and rehabilitation services is also authorized to validate reports of abuse or neglect by employees of such homes, pursuant to K.S.A. 1984 Supp. 65-516(a)(3), as amended, which process involves an investigation into the facts of the incident. In the event an incident is validated, an independent review may be made by the department of health and environment as the licensing agency. Cited herein: K.S.A. 1984 Supp. 21-4619; 22-4701; 38-1523; 41-311; 65-503; 65-516, as amended by 1985 House Bill No. 2145; K.S.A. 76-12a01.