UNOFFICIAL COPY 23 RS HB 231/GA
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HB023110.100 - 1032 - XXXX 3/1/2023 3:46 PM GA
AN ACT relating to criminal history record checks. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 620 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "emergency placement" means those limited instances 5
when the Cabinet for Health and Family Services' Department for Community 6
Based Services is placing a child in the home of private individuals, including 7
neighbors, friends, or relatives, as a result of a sudden unavailability of the 8
child's primary caregiver. 9
(2) (a) During an emergency placement when a child must be placed in home care 10
due to the absence of parents or custodians, the Department for Community 11
Based Services may request that a criminal justice agency perform a federal 12
name-based criminal history record check of each adult residing in the 13
home; 14
(b) Name-based check results may be provided to the Department for 15
Community Based Services, which shall then provide a complete set of each 16
adult resident’s fingerprints to the Department of Kentucky State Police for 17
the immediate submission to the Federal Bureau of Investigation within 18
fourteen (14) calendar days from the date the name search was conducted; 19
(c) The Department of Kentucky State Police shall either positively identify the 20
fingerprint subject or forward the fingerprints to the Federal Bureau of 21
Investigation within fifteen (15) calendar days from the day the name 22
search was conducted; and 23
(d) The child shall be removed from the home immediately if any adult resident 24
fails to provide his or her fingerprints and written permission to perform a 25
federal criminal history record check when requested. 26
(3) When placement of a child in a home is denied as a result of a name-based 27 UNOFFICIAL COPY 23 RS HB 231/GA
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HB023110.100 - 1032 - XXXX 3/1/2023 3:46 PM GA
criminal history record check of a resident, and the resident contests that denial, 1
each contesting resident shall, within fifteen (15) calendar days, submit to the 2
Department for Community Based Services a complete set of the resident’s 3
fingerprints with written permission allowing the Department for Community 4
Based Services to forward the fingerprints to the Department of Kentucky State 5
Police for submission to the Federal Bureau of Investigation. 6
(4) The Department of Kentucky State Police and the Federal Bureau of 7
Investigation may each charge a reasonable fee for processing a fingerprint-8
based criminal history record check. 9