Vice Chairperson Williams called the meeting to order.

The Vice Chair opened the Hearing on HB2480.

Jason Thompson, Office of Revisor of Statutes, presented the Bill Brief.  (Attachment 1)

Mr. Thompson stood for questions.

Noel O’Neill, Director of Social Work, Kansas Federal Public Defender, testified that this carefully crafted exception ensures that social workers can fully integrate with legal teams while maintaining their ethical obligations. Creating this exception would not eliminate their professional judgement. Rather, it would enable them to address concerning situations collaboratively with attorneys to determine the most appropriate course of actions, while maintaining the confidentiality essential to effective representation. (Attachment 2)

Michelle Ewert, Director of Washburn Law Clinic, testified that social workers' mandated reporting duties for suspected child abuse and neglect are at odds with attorneys' duty of confidentiality. HB2480 would address this conflict. Social workers would generally retain their mandated reporting duties, however, social workers embedded in law offices or retained for outside assistance on cases would not be required to report suspected abuse or neglect learned about through the course of the legal representation. Thus, the attorneys would gain the benefit of the social worker's expertise without compromising confidentiality.  (Attachment 3)

Melody Brannon, Federal Public Defender, District of Kansas, testified that this bill creates a narrow exception to the mandatory reporting law that will allow licensed social workers to work effectively in public defense, as well as other legal arenas. This will honor attorneys' ethical and constitutional obligations while supervising a social worker. It allows social workers to work in this field, encourages professionalism, licensure, employment, and the use of cross-disciplines in the legal arena.  (Attachment 4)

Ann Sagan, Executive Director, Kansas Board of Indigents’ Defense Services (BIDS), testified that this bill would allow social workers to fully participate in public defense representation, which would improve the effectiveness of our representation and increase the positive impact that social workers have on the lives of clients and the community.  (Attachment 5)

Jill Cohen, LCSW-Director of Programs, Colorado Office of Respondent Parents' Counsel, shared Colorado's experience with updating the mandatory reporting statute and explained why HB2480 reflects best practices in legal advocacy. Colorado's Mandatory Reporting Task Force report led to new language being proposed, which was passed without opposition from the Colorado Chapter of the National Association of Social Workers, the Department of Human Services, foster parent organizations, and child advocacy groups, and eventually into new law.  (Attachment 6)

The Proponents stood for questions. 

The Vice Chair drew attention to Proponent Written Only testimony:

Joe Molina, Kansas Bar Association  (Attachment 7)

Becky Fast, MPA/Licensed Specialist Clinical Social Worker, Heartland Counseling and Training, LLC  (Attachment 8)

Timothy Davis, PhD, Licensed Specialist Clinical Social Worker  (Attachment 9)

Karen Leve, Assistant Director of Special Projects, Kansas Board of Indigents’ Defense Services (BIDS)  (Attachment 10)

Elizabeth Day, Mitigation Specialist, 7th Judicial District Public Defender, BIDS  (Attachment 11)

Mackenzie Boltz, Mitigation Specialist, Death Penalty Defense Unit, BIDS  (Attachment 12)

Opponents:

Representative Lauren Bohi, Kansas 15th District, shared that the fact that mandated reporters may hear about the abuse of children and not be able to verify their well-being is not acceptable. The welfare of children should never be superseded by the holistic defense of abusers.  (Attachment 13)

Sara Hortenstine, Division Chief Youth Services, Office of the Kansas Attorney General, testified that while confidentiality and access to legal counsel are important, Kansas law has long recognized that those interests have limits when the safety of a child or vulnerable adult is involved. HB2480 shifts that balance too far and does so without evidence that mandatory reporting in these settings is causing harm that outweighs the risk of non-reporting.  (Attachment 14)

Kim Borchers, Private Citizen, testified that this bill is not holistic, instead it protects abusers. Mandatory reporting is not about punishment, it is about intervention. Kansas has long recognized that protecting vulnerable populations is a core responsibility of the state. Preserving mandatory reporting for licensed social workers regardless of setting honors that responsibility. This bill creates a carve-out that would undermine it.  (Attachment 15)

The Opponents stood for questions.

The Vice Chair drew attention to the Opponent Written Only testimony:

Mike Kagay, District Attorney, 3rd Judicial District  (Attachment 16)

Lucy McIntyre, Private Citizen  (Attachment 17)

Kasey Dalke, Chief Executive Officer, Children’s Advocacy Centers of Kansas  (Attachment 18)

Gina Meier-Hummel, Executive Director, O'Connell Children's Shelter  (Attachment 19)

Vice Chair Williams closed the Hearing on HB2480.

The Vice Chair adjourned the meeting.