Kansas Senate passes Bill 128 exempting social workers from mandatory reporting

On February 25, 2025, the Kansas Behavioral Sciences Regulatory Board (BSRB) convened the Social Work Advisory Committee to discuss significant legislative developments affecting social workers in the state. A central focus of the meeting was Senate Bill 128, which proposes an exception to mandatory reporting obligations for licensed social workers employed by attorneys. This bill has garnered attention due to its implications for the confidentiality of information shared under attorney-client privilege.

Historically, social workers have been required to report suspected abuse or neglect, regardless of the context in which they learned about it. However, the proposed legislation aims to allow social workers working under the supervision of attorneys to withhold certain information from mandatory reporting if it was disclosed in a confidential setting. This change could potentially alter the landscape of social work practice, particularly for those who may be hesitant to work with attorneys due to fears of breaching confidentiality.

The committee noted that Senate Bill 128 has already passed the Senate Judiciary Committee and received unanimous support on the Senate floor, indicating strong legislative backing. The National Association of Social Workers (NASW) Kansas has expressed favorable views on the bill, which suggests a level of professional endorsement for the proposed changes.

During the meeting, committee members raised ethical concerns regarding the bill. Some expressed skepticism about the appropriateness of allowing social workers to prioritize attorney-client privilege over their duty to report suspected abuse. The discussions highlighted the potential for conflicts between legal obligations and ethical responsibilities, particularly in sensitive cases involving vulnerable populations.

One member cited a hypothetical scenario involving an addiction counselor who might learn about child neglect during an assessment for an attorney. This example underscored the complexities social workers could face in balancing their reporting duties with confidentiality requirements. The committee acknowledged that while such situations may be rare, they warrant careful consideration.

As the bill progresses, the BSRB anticipates that social workers may seek guidance on navigating the potential changes to their reporting obligations. If the legislation is enacted, the BSRB may need to revise its regulations regarding unprofessional conduct to align with the new law, ensuring clarity on when social workers can invoke attorney-client privilege.

In conclusion, the discussions at the Kansas BSRB Social Work Advisory Committee meeting reflect a critical juncture for social work practice in the state. The outcome of Senate Bill 128 could reshape the ethical landscape for social workers, prompting ongoing dialogue about the balance between legal obligations and professional ethics. The committee plans to monitor the bill's progress closely, preparing for potential adjustments to regulations should the legislation be signed into law.