Kan. Settles Lawsuit Involving Former AG Kline's Request That All Underage Sex Be Reported

Main Category: Litigation / Medical Malpractice
Also Included In: Pediatrics / Children's Health
Article Date: 12 Aug 2008 - 10:00 PST

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The office of Kansas Attorney General Stephen Six (D) will pay $475,000 to settle a federal lawsuit brought by the Center for Reproductive Rights challenging a 2003 opinion filed by then-state Attorney General Phill Kline (R) that said health care and counseling workers must report any knowledge of consensual sex among minors ages 16 and younger, the Wichita Eagle reports (Sylvester, Wichita Eagle, 8/7). Under Kline's opinion, health care and counseling workers who failed to comply could have faced misdemeanor charges carrying up to six months in jail and a fine of $1,000. Workers also could have faced disciplinary action from the Kansas State Board of Healing Arts.

CRR filed the suit against the opinion on behalf of medical and counseling professionals in the state, saying that the requirement could prevent some teens from seeking medical attention (Daily Women's Health Policy Report, 2/7/06). The settlement funds will go to CRR as reimbursements for the legal costs of filing and pursuing the lawsuit.

Ashley Anstaett, spokesperson for Six, said, "The settlement of this case limits the state's exposure to additional costs," adding, "It was an ill-conceived opinion that caused unnecessary litigation, which cost the state hundreds of thousands of dollars." Kline spokesperson Brian Burgess said the settlement was a "half-million handout to a pro-choice advocacy group." He added, "While it may be politically helpful to claim the case was an effort to keep tabs on every child's sexual activity, such claims simply aren't true. The opinion by Kline was issued to ensure that cases of suspected child abuse get investigated as they should" (Manning, AP/Salina Journal, 8/7).

Kline's Deputy Says He Will Not Hire Him If Elected DA

In related news, Kline's chief deputy Eric Rucker -- who is running for Shawnee County, Kan., district attorney -- has said Kline would have no role in his office if elected, the AP/Wichita Eagle reports. Kline last week lost the Republican primary election to retain his current position as Johnson County, Kan., district attorney. According to the AP/Eagle, Kline did not return a call for comment Thursday (AP/Wichita Eagle, 8/7).

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