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Kansas State Issue

Should child service records be made #public in the death of a child?

In the United States, the National Child Abuse and Neglect Data System (NCANDS) reported 1,840 child deaths in 2019. Each state has child welfare agencies to respond to maltreatment of children, whether it be physical, psychological, sexual, or other forms of abuse.

The Child Abuse Prevention and Treatment Act (CAPTA) states that agencies “must preserve the confidentiality of all child abuse and neglect reports and records to protect the child's privacy rights and of the child’s parents or guardians, except in certain limited circumstances.”

The death of a three-year-old girl in July 2020, linked to child abuse in Kansas City, Kansas, has raised an important matter regarding disclosing confidential records to the public to help solve crimes.

The Kansas Department for Children and Families, amid the state’s 2018 transparency law, refused to release the records related to the case of Olivia Ann Jansen. She was abused and killed by her father and his girlfriend in July of that year.

This case adds to the growing number of child maltreatment cases in the state. The Child Welfare League of America (CWLA) reported 39,379 referrals for child abuse and neglect in 2017 in Kansas, which resulted in 14 child deaths.

To protect children's rights, agencies ensure the confidentiality of abuse and neglect records. Likewise, laws have been enacted to allow these classified records to be used for investigations and other legal purposes.

While divulging confidential information can help solve crimes related to child abuse, the question for debate is, should child services records be made public in the death of a child?

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