Caregiver Neglect Laws
Financial Exploitation Laws
Physical Abuse Laws
Sexual Abuse/Assault Laws
Mistreatment of a Dependent Adult
Mistreatment of a dependent adult; mistreatment of an elder person. (a) Mistreatment of a dependent adult or an elder person is knowingly committing one or more of the following acts:
(1) Infliction of physical injury, unreasonable confinement or unreasonable punishment upon a dependent adult or an elder person;
(2) taking the personal property or financial resources of a dependent adult or an elder person for the benefit of the defendant or another person by taking control, title, use or management of the personal property or financial resources of a dependent adult or an elder person through:
(A) Undue influence, coercion, harassment, duress, deception, false representation, false pretense or without adequate consideration to such dependent adult or elder person;
(B) a violation of the Kansas power of attorney act, K.S.A. 58-650 et seq., and amendments thereto;
(C) a violation of the Kansas uniform trust code, K.S.A. 58a-101 et seq., and amendments thereto; or
(D) a violation of the act for obtaining a guardian or a conservator, or both, K.S.A. 59-3050 et seq., and amendments thereto; or
(3) omission or deprivation of treatment, goods or services that are necessary to maintain physical or mental health of such dependent adult or elder person.
(b) Mistreatment of a dependent adult or an elder person as defined in:
(1) Subsection (a)(1) is a severity level 5, person felony;
(2) subsection (a)(2) if the aggregate amount of the value of the personal property or financial resources is:
(A) $1,000,000 or more is a severity level 2, person felony;
(B) at least $250,000 but less than $1,000,000 is a severity level 3, person felony;
(C) at least $100,000 but less than $250,000 is a severity level 4, person felony;
(D) at least $25,000 but less than $100,000 is a severity level 5, person felony;
(E) at least $1,500 but less than $25,000 is a severity level 7, person felony;
(F) less than $1,500 is a class A person misdemeanor, except as provided in subsection (b)(2)(G); and
(G) less than $1,500 and committed by a person who has, within five years immediately preceding commission of the crime, been convicted of a violation of this section two or more times is a severity level 7, person felony; and
(3) subsection (a)(3) is a severity level 8, person felony.
(c) It shall be an affirmative defense to any prosecution for mistreatment of a dependent adult or an elder person as described in subsection (a)(2) that:
(1) The personal property or financial resources were given as a gift consistent with a pattern of gift giving to the person that existed before the dependent adult or elder person became vulnerable;
(2) the personal property or financial resources were given as a gift consistent with a pattern of gift giving to a class of individuals that existed before the dependent adult or elder person became vulnerable;
(3) the personal property or financial resources were conferred as a gift by the dependent adult or elder person to the benefit of a person or class of persons, and such gift was reasonable under the circumstances; or
(4) a court approved the transaction before the transaction occurred.
(d) No dependent adult or elder person is considered to be mistreated under subsection (a)(1) or (a)(3) for the sole reason that such dependent adult or elder person relies upon or is being furnished treatment by spiritual means through prayer in lieu of medical treatment in accordance with the tenets and practices of a recognized church or religious denomination of which such dependent adult or elder person is a member or adherent.
(e) As used in this section:
(1) ”Adequate consideration” means the personal property or financial resources were given to the person as payment for bona fide goods or services provided by such person and the payment was at a rate customary for similar goods or services in the community that the dependent adult or elder person resided in at the time of the transaction.
(2) ”Dependent adult” means an individual 18 years of age or older who is unable to protect the individual’s own interest. Such term shall include, but is not limited to, any:
(A) Resident of an adult care home including, but not limited to, those facilities defined by K.S.A. 39-923, and amendments thereto;
(B) adult cared for in a private residence;
(C) individual kept, cared for, treated, boarded, confined or otherwise accommodated in a medical care facility;
(D) individual with intellectual disability or a developmental disability receiving services through a community facility for people with intellectual disability or residential facility licensed under K.S.A. 2019 Supp. 39-2001 et seq., and amendments thereto;
(E) individual with a developmental disability receiving services provided by a community service provider as provided in the developmental disability reform act; or
(F) individual kept, cared for, treated, boarded, confined or otherwise accommodated in a state psychiatric hospital or state institution for people with intellectual disability.
(3) ”Elder person” means a person 60 years of age or older.
(f) An offender who violates the provisions of this section may also be prosecuted for, convicted of, and punished for any other offense in article 54, 55, 56 or 58 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 2019 Supp. 21-6418, and amendments thereto.
State Mandated Reporting
Who has to report?
A physician; a surgeon; a coroner; a dentist; a dental hygienist; an osteopath; a resident intern; a nurse; a member of a hospital's personnel who is engaged in the administration, examination, care, or treatment of persons; a social worker; a case manager; a home health worker; a mental health professional; a peace officer; a law enforcement officer; a facility administrator or owner; an employee in a facility; an employee of the Department of Human Services; a firefighter; an emergency medical technician; an employee of a bank or other financial institution; an employee of the United States Postal Service; an employee or a volunteer of a program or an organization funded partially or wholly by the department who enters the home of or has contact with an elderly person; a person associated with the care and treatment of animals, such as animal control officers and humane society officials; an employee who enforces code requirements for a city, township, or municipality; or any clergy member. No privilege or contract shall relieve any person required by this subchapter to make a notification or report from the requirement of making the notification or report. Any other person may make a report.
When to report?
When there is a reasonable cause to suspect that an endangered person or an impaired person has been subjected to condition or circumstances that constitute adult maltreatment or long-term care facility resident mistreatment.
How to report?
A report for a long-term care facility resident shall be made immediately to the local law enforcement agency for the jurisdiction in which the long-term care facility is located and to the Office of Long-Term Care, under regulations of that office.
A report of a maltreated adult who does not reside in a long-term care facility shall be made to the:
Adult and long-term care facility maltreatment hotline: 800-482-8049
Who has to report?
Any person who is licensed to practice any branch of the healing arts, a licensed psychologist, a licensed master level psychologist, a licensed clinical psychotherapist, a chief administrative officer of a medical care facility, an adult care home administrator or operator, a licensed social worker, a licensed professional nurse, a licensed practical nurse, a licensed marriage and family therapist, a licensed clinical marriage and family therapist, licensed professional counselor, licensed clinical professional counselor, registered alcohol and drug abuse counselor, a teacher, a bank trust officer and any other officers of financial institutions, a legal representative or a governmental assistance provider. Any person may make such a report.
When to report?
Any person required by statute to report who has reasonable cause to believe that a resident is being or has been abused, neglected, or exploited, or is in a condition which is the result of such abuse, neglect, or exploitation, or is in need of protective services.
How to report?
Reports shall be made any reasonable manner to the Kansas department for aging and disability services, to the department of health and environment, and to the Kansas department for children and families and appropriate law enforcement agencies. Reports made to one department which are required by this subsection to be made to the other department shall be referred by the department to which the report is made to the appropriate department for that report, and any such report shall constitute compliance with this subsection. Reports shall be made during the normal working week days and hours of operation of such departments, and to law enforcement agencies during the time the departments are not open for business.
Kansas Adult Protective Services: