Topeka ? Gov. Kathleen Sebelius’ administration said Monday it would keep a tight rein on records involving deaths and serious injuries of children in state custody despite a law that takes effect Thursday designed to open those records.

“We think it is important that we be as careful as we can,” said Janet Schalansky, secretary of the Kansas Department of Social and Rehabilitation Services.

The Legislature approved and Sebelius signed into law a bill that surfaced in response to the 2002 death of 9-year-old Brian Edgar, a former foster child who was killed by his adoptive parents in Overland Park.

The law provides for public disclosure of child-welfare records of children who die or are seriously injured while in foster care or while categorized as “in need of care.”

But Schalansky said many questions had arisen about the new law, including whether it applied to records and reports made before Thursday’s effective date; whether it applied to children who committed suicide; and whether the names of people reporting abuse of a child, which currently are kept confidential, must be divulged.

The agency asked Atty. Gen. Phill Kline for a legal opinion on these and other issues. SRS said an opinion was expected in six weeks.

There are about 6,145 children in state custody, including 5,083 in foster care, state officials said. About six children, many of them medically fragile, die each year in foster care.

In the past few years, Schalansky said, there has been about one death per year of children in state custody from abuse and neglect.

Rep. Brenda Landwehr, R-Wichita, who has worked on legislation the past two years regarding child-welfare records, said SRS was taking a prudent approach.

“These are legitimate concerns,” Landwehr said of Schalansky’s questions.

Schalansky said case files on children often were filled with sensitive information that may include allegations that turned out to be false.

She said her agency feared being sued over making public such information.

Pending the attorney general’s legal opinion, Schalansky said SRS would:

• Release only records created on or after Thursday.
• Keep records confidential unless an official determined the child died from abuse or neglect;
• Keep confidential medical and legal records that are generally considered privileged;
• Keep confidential the name of anyone reporting allegations of abuse.