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SB 128

Creating an exception to certain mandatory reporting obligations for licensed social workers when working under the supervision of an attorney and permitting an attorney to require a licensed social worker to keep ethical obligations of attorney-client privilege while working under the supervision of such attorney.

2025-2026 Regular Session

Kansas bill exempts attorney-supervised social workers from mandatory abuse reporting and extends attorney-client privilege to them, potentially prioritizing legal confidentiality over child safety protections.

Stricken from Calendar by Rule 1507
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Bill Summary · SB 128

Legislative bill overview

SB 128 creates an exception allowing licensed social workers to withhold mandatory abuse and neglect reports when working under attorney supervision, and permits attorneys to require these social workers to maintain attorney-client privilege. The bill essentially extends legal confidentiality protections typically reserved for lawyers to social workers functioning as part of legal teams.

Why is this important

This bill addresses a genuine tension in professional practice: social workers assisting attorneys (particularly in family law, criminal defense, or advocacy contexts) currently face legal obligations to report suspected child abuse that may conflict with attorney-client confidentiality. The change could facilitate more candid client-attorney-social worker collaboration in sensitive cases, but fundamentally alters mandatory reporting obligations that exist to protect vulnerable populations.

Potential points of contention

  • Child safety concerns: Mandatory reporting laws exist specifically to ensure abuse is reported regardless of professional relationships; creating exceptions could allow abusers to exploit the legal system by having attorneys hire social workers to shield disclosures
  • Scope ambiguity: The bill doesn't clearly define what "supervision by an attorney" means or when the exception applies, potentially allowing broad avoidance of reporting obligations beyond legitimate legal work
  • Professional ethics conflict: Social workers' primary ethical duty to vulnerable populations may clash with attorney-client privilege; this subordinates social work ethics to legal privilege in a way that contradicts their licensing standards
  • Unequal protection: The exception may create disparities where abuse is reported in some contexts but hidden in others depending on whether a social worker happens to be attorney-supervised

Compiled from official sources — confirm details with the bill’s official record.

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