K.S.A. » Chapter 38
Kansas Statutes Annotated

K.S.A. § 38-1526 (2026)

Repealed

✓ current as of May 2026
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38-1526.

History: L. 1982, ch. 182, § 23; L. 1983, ch. 140, § 22; L. 1984, ch. 155, § 1; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.

Notes of Decisions
Cited in 7 cases, 1991–2017 · leading case: D.L.C. v. Walsh, 908 S.W.2d 791 (Mo. Ct. App. 1995).
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D.L.C. v. Walsh, 908 S.W.2d 791 (Mo. Ct. App. 1995). · cites it 9× “135 RSMo 1986; K.S.A1984 Supp. 38-1526. Because the differences between the two statutes are not relevant here, this factor does not provide guidance.”
Kansas State Bank & Trust Co. v. Specialized Transp. Servs., Inc., 819 P.2d 587 (Kan. 1991). · cites it 2× “K.S.A. 38-1526 grants immunity from liability for persons who make such reports without malice.”
Crutcher v. Coleman, 205 F.R.D. 581 (D. Kan. 2001). · cites it 2× “See Kan. Stat. Ann. § 38-1526 . The statute provides immunity if the report was made without malice; thus this defense is meritorious based on defendant’s assertion that she acted without malice.”
Clevenger v. Catholic Soc. Serv. of Archdiocese of Kansas City in Kansas, Inc., 901 P.2d 529 (Kan. Ct. App. 1995). “K.S.A. 38-1526 provides: “Anyone participating without malice in the making of an oral or written report to a law enforcement agency or the department of social and rehabilitation services relating to injury inflicted upon a child under 18 years of age as a result of physical,…”
Kennedy v. Kansas Dep't of Soc. & Rehab. Servs., 981 P.2d 266 (Kan. Ct. App. 1999). “Even if individual defendants are not immune from liability under the KTCA, they have immunity under the Kansas Code for Care of Children in the making of a report of abuse or participation in any follow-up or investigation if they act without malice.”
T.H. & C.C. v. Univ. of Kansas Hosp. Auth., 388 P.3d 181 (Kan. Ct. App. 2017). “While Kansas appellate courts have not previously addressed such an argument, the Missouri Court of Appeals, applying Kansas law, held that K.S.A. 38-1526’s (now K.S.A. 2015 Supp. 38-2223) grant of immunity covers medical malpractice claims based on allegations that a doctor…”
T.H. & C.C. v. Univ. of Kansas Hosp. Auth. (Kan. Ct. App. 2017). “While Kansas appellate courts have not previously addressed such an argument, the Missouri Court of Appeals, applying Kansas law, held that K.S.A. 38-1526's (now K.S.A. 2015 Supp. 38-2223) grant of immunity covers medical malpractice claims based on allegations that a doctor…”
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