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AN ACT relating to child abuse. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 620.030 is amended to read as follows: 3
(1) Any person who knows or has reasonable cause to believe that a child is dependent, 4
neglected, or abused shall immediately cause an oral or written report to be made to 5
a local law enforcement agency or to the Department of Kentucky State Police, the 6
cabinet or its designated representative, the Commonwealth's attorney, or the 7
county attorney by telephone or otherwise.[ Any supervisor who receives from an 8
employee a report of suspected dependency, neglect, or abuse shall promptly make 9
a report to the proper authorities for investigation.] If the cabinet receives a report 10
of abuse or neglect allegedly committed by a person other than a parent, guardian, 11
fictive kin, person in a position of authority, person in a position of special trust, or 12
person exercising custodial control or supervision, the cabinet shall refer the matter 13
to the Commonwealth's attorney or the county attorney and the local law 14
enforcement agency or the Department of Kentucky State Police. Nothing in this 15
section shall relieve individuals of their obligations to report. 16
(2) (a) Any person, including but not limited to a physician, osteopathic physician, 17
nurse, teacher, school personnel, social worker, coroner, medical examiner, 18
child-caring personnel, resident, intern, chiropractor, dentist, optometrist, 19
emergency medical technician, paramedic, health professional, mental health 20
professional, peace officer, or any organization or agency for any of the 21
above, who knows or has reasonable cause to believe that a child is 22
dependent, neglected, or abused, regardless of whether the person believed to 23
have caused the dependency, neglect, or abuse is a parent, guardian, fictive 24
kin, person in a position of authority, person in a position of special trust, 25
person exercising custodial control or supervision, or another person, or who 26
has attended such child as a part of his or her professional duties, shall: 27 UNOFFICIAL COPY 23 RS SB 229/GA
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1. Immediately make an oral report in accordance with subsection (1) of 1
this section; 2
2._ Immediately notify the supervisor of the institution, school, facility, 3
agency, or designated agent of the person in charge; and[,] 4
3. If requested, in addition to the report required in subsection (1) or (3) of 5
this section, file with the local law enforcement agency or the 6
Department of Kentucky State Police, the cabinet or its designated 7
representative, the Commonwealth's attorney, or county attorney within 8
forty-eight (48) hours of the original report a written report containing: 9
a.[(a)] The names and addresses of the child and his or her parents 10
or other persons exercising custodial control or supervision; 11
b.[(b)] The child's age; 12
c.[(c)] The nature and extent of the child's alleged dependency, 13
neglect, or abuse, including any previous charges of dependency, 14
neglect, or abuse, to this child or his or her siblings; 15
d.[(d)] The name and address of the person allegedly responsible for 16
the abuse or neglect; and 17
e.[(e)] Any other information that the person making the report 18
believes may be helpful in the furtherance of the purpose of this 19
section. 20
(b) Upon notification, the supervisor or the designated agent, if any, shall 21
facilitate the cooperation of the institution, school, facility, or agency with 22
the investigation of the report. 23
(c) Any person who knowingly causes intimidation, retaliation, or obstruction 24
in the investigation of the report shall be guilty of a Class A misdemeanor. 25
(d) This section does not require more than one (1) report from any institution, 26
school, facility, or agency. 27 UNOFFICIAL COPY 23 RS SB 229/GA
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(3) Any person who knows or has reasonable cause to believe that a child is a victim of 1
human trafficking as defined in KRS 529.010 shall immediately cause an oral or 2
written report to be made to a local law enforcement agency or the Department of 3
Kentucky State Police; or the cabinet or its designated representative; or the 4
Commonwealth's attorney or the county attorney; by telephone or otherwise. This 5
subsection shall apply regardless of whether the person believed to have caused the 6
human trafficking of the child is a parent, guardian, fictive kin, person in a position 7
of authority, person in a position of special trust, or person exercising custodial 8
control or supervision. 9
(4) Any person who knows or has reasonable cause to believe that a child is a victim of 10
female genital mutilation as defined in KRS 508.125 shall immediately cause an 11
oral or written report to be made by telephone or otherwise to: 12
(a) A local law enforcement agency or the Department of Kentucky State Police; 13
(b) The cabinet or its designated representative; or 14
(c) The Commonwealth's attorney or the county attorney. 15
This subsection shall apply regardless of whether the person believed to have 16
caused the female genital mutilation of the child is a parent, guardian, or person 17
exercising custodial control or supervision. 18
(5) Neither the husband-wife nor any professional-client/patient privilege, except the 19
attorney-client and clergy-penitent privilege, shall be a ground for refusing to report 20
under this section or for excluding evidence regarding a dependent, neglected, or 21
abused child or the cause thereof, in any judicial proceedings resulting from a report 22
pursuant to this section. This subsection shall also apply in any criminal proceeding 23
in District or Circuit Court regarding a dependent, neglected, or abused child. 24
(6) The cabinet upon request shall receive from any agency of the state or any other 25
agency, institution, or facility providing services to the child or his or her family, 26
such cooperation, assistance, and information as will enable the cabinet to fulfill its 27 UNOFFICIAL COPY 23 RS SB 229/GA
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responsibilities under KRS 620.030, 620.040, and 620.050. 1
(7) Nothing in this section shall limit the cabinet's investigatory authority under KRS 2
620.050 or any other obligation imposed by law. 3
(8) Any person who intentionally violates the provisions of this section shall be guilty 4
of a: 5
(a) Class B misdemeanor for the first offense; 6
(b) Class A misdemeanor for the second offense; and 7
(c) Class D felony for each subsequent offense. 8
Section 2. KRS 620.040 is amended to read as follows: 9
(1) (a) Upon receipt of a report alleging abuse or neglect by a parent, guardian, 10
fictive kin, person in a position of authority, person in a position of special 11
trust, or person exercising custodial control or supervision, pursuant to KRS 12
620.030(1) or (2), or a report alleging a child is a victim of human trafficking 13
pursuant to KRS 620.030(3), the recipient of the report shall immediately 14
notify the cabinet or its designated representative, the local law enforcement 15
agency or the Department of Kentucky State Police, and the Commonwealth's 16
or county attorney of the receipt of the report[ unless they are the reporting 17
source]. If the agency is the reporting source, the recipient shall 18
immediately notify the cabinet or its designated representative, the local law 19
enforcement agency, the Kentucky State Police, and the Commonwealth's 20
or county attorney of the receipt of the report. 21
(b) Based upon the allegation in the report, the cabinet shall immediately make an 22
initial determination as to the risk of harm and immediate safety of the child. 23
Based upon the level of risk determined, the cabinet shall investigate the 24
allegation or accept the report for an assessment of family needs and, if 25
appropriate, may provide or make referral to any community-based services 26
necessary to reduce risk to the child and to provide family support. A report of 27 UNOFFICIAL COPY 23 RS SB 229/GA
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sexual abuse or human trafficking of a child shall be considered high risk and 1
shall not be referred to any other community agency. 2
(c) The cabinet shall, within seventy-two (72) hours, exclusive of weekends and 3
holidays, make a written report to the Commonwealth's or county attorney 4
and the local law enforcement agency or the Department of Kentucky State 5
Police concerning the action that has been taken on the investigation. 6
(d) If the report alleges abuse or neglect by someone other than a parent, 7
guardian, fictive kin, person in a position of authority, person in a position of 8
special trust, or person exercising custodial control or supervision, or the 9
human trafficking of a child, the cabinet shall immediately notify the 10
Commonwealth's or county attorney and the local law enforcement agency or 11
the Department of Kentucky State Police. 12
(2) (a) Upon receipt of a report alleging dependency pursuant to KRS 620.030(1) and 13
(2), the recipient shall immediately notify the cabinet or its designated 14
representative. 15
(b) Based upon the allegation in the report, the cabinet shall immediately make an 16
initial determination as to the risk of harm and immediate safety of the child. 17
Based upon the level of risk, the cabinet shall investigate the allegation or 18
accept the report for an assessment of family needs and, if appropriate, may 19
provide or make referral to any community-based services necessary to reduce 20
risk to the child and to provide family support. A report of sexual abuse or 21
human trafficking of a child shall be considered high risk and shall not be 22
referred to any other community agency. 23
(c) The cabinet need not notify the local law enforcement agency or the 24
Department of Kentucky State Police or Commonwealth's or county attorney[ 25
or Commonwealth's attorney] of reports made under this subsection unless the 26
report involves the human trafficking of a child, in which case the notification 27 UNOFFICIAL COPY 23 RS SB 229/GA
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shall be required. 1
(3) If the cabinet or its designated representative receives a report of abuse by a person 2
other than a parent, guardian, fictive kin, person in a position of authority, person in 3
a position of special trust, or other person exercising custodial control or 4
supervision of a child, it shall immediately notify the local law enforcement agency 5
or the Department of Kentucky State Police and the Commonwealth's or county 6
attorney of the receipt of the report and its contents, and they shall investigate the 7
matter. The cabinet or its designated representative shall participate in an 8
investigation of noncustodial physical abuse or neglect at the request of the local 9
law enforcement agency or the Department of Kentucky State Police. The cabinet 10
shall participate in all investigations of reported or suspected sexual abuse or human 11
trafficking of a child. 12
(4) School personnel or other persons listed in KRS 620.030(2) do not have the 13
authority to conduct internal investigations in lieu of the official investigations 14
outlined in this section. 15
(5) (a) If, after receiving the report, the law enforcement officer, the cabinet, or its 16
designated representative cannot gain admission to the location of the child, a 17
search warrant shall be requested from, and may be issued by, the judge to the 18
appropriate law enforcement official upon probable cause that the child is 19
dependent, neglected, or abused. If, pursuant to a search under a warrant, a 20
child is discovered and appears to be in imminent danger, the child may be 21
removed by the law enforcement officer. 22
(b) If a child who is in a hospital or under the immediate care of a physician 23
appears to be in imminent danger if he or she is returned to the persons having 24
custody of him or her, the physician or hospital administrator may hold the 25
child without court order, provided that a request is made to the court for an 26
emergency custody order at the earliest practicable time, not to exceed 27 UNOFFICIAL COPY 23 RS SB 229/GA
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seventy-two (72) hours. 1
(c) Any appropriate law enforcement officer may take a child into protective 2
custody and may hold that child in protective custody without the consent of 3
the parent or other person exercising custodial control or supervision if there 4
exist reasonable grounds for the officer to believe that the child is in danger of 5
imminent death or serious physical injury, is being sexually abused, or is a 6
victim of human trafficking and that the parents or other person exercising 7
custodial control or supervision are unable or unwilling to protect the child. 8
The officer or the person to whom the officer entrusts the child shall, within 9
twelve (12) hours of taking the child into protective custody, request the court 10
to issue an emergency custody order. 11
(d) When a law enforcement officer, hospital administrator, or physician takes a 12
child into custody without the consent of the parent or other person exercising 13
custodial control or supervision, he or she shall provide written notice to the 14
parent or other person stating the reasons for removal of the child. Failure of 15
the parent or other person to receive notice shall not, by itself, be cause for 16
civil or criminal liability. 17
(e) 1. If a report includes a child fatality or near fatality, and the law 18
enforcement officer has reasonable grounds to believe any parent or 19
person exercising custodial control or supervision of the child was under 20
the influence of alcohol or drugs at the time the fatality or near fatality 21
occurred, the law enforcement officer shall request a test of blood, 22
breath, or urine from that person. 23
2. If, after making the request, consent is not given for the test of blood, 24
breath, or urine, a search warrant shall be requested from and may be 25
issued by the judge to the appropriate law enforcement official upon 26
probable cause that a child fatality or near fatality has occurred and that 27 UNOFFICIAL COPY 23 RS SB 229/GA
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the person exercising custodial control or supervision of the child at the 1
time of the fatality or near fatality was under the influence. 2
3. Any test requested under this section shall be conducted pursuant to the 3
testing procedures and requirements in KRS 189A.103. 4
(6) To the extent practicable and when in the best interest of a child alleged to have 5
been abused, interviews with the child shall be conducted at a children's advocacy 6
center. 7
(7) (a) One (1) or more multidisciplinary teams may be established in every county 8
or group of contiguous counties. 9
(b) Membership of the multidisciplinary team shall include but shall not be 10
limited to social service workers employed by the Cabinet for Health and 11
Family Services and law enforcement officers. Additional team members may 12
include Commonwealth's and county attorneys, children's advocacy center 13
staff, mental health professionals, medical professionals, victim advocates 14
including advocates for victims of human trafficking, educators, and other 15
related professionals, as deemed appropriate. 16
(c) The multidisciplinary team shall review child sexual abuse cases and child 17
human trafficking cases involving commercial sexual activity referred by 18
participating professionals, including those in which the alleged perpetrator 19
does not have custodial control or supervision of the child or is not 20
responsible for the child's welfare. The purpose of the multidisciplinary team 21
shall be to review investigations, assess service delivery, and to facilitate 22
efficient and appropriate disposition of cases through the criminal justice 23
system. 24
(d) The team shall hold regularly scheduled meetings if new reports of sexual 25
abuse or child human trafficking cases involving commercial sexual activity 26
are received or if active cases exist. At each meeting, each active case shall be 27 UNOFFICIAL COPY 23 RS SB 229/GA
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presented and the agencies' responses assessed. 1
(e) The multidisciplinary team shall provide an annual report to the public of 2
nonidentifying case information to allow assessment of the processing and 3
disposition of child sexual abuse cases and child human trafficking cases 4
involving commercial sexual activity. 5
(f) Multidisciplinary team members and anyone invited by the multidisciplinary 6
team to participate in a meeting shall not divulge case information, including 7
information regarding the identity of the victim or source of the report. Team 8
members and others attending meetings shall sign a confidentiality statement 9
that is consistent with statutory prohibitions on disclosure of this information. 10
(g) The multidisciplinary team shall, pursuant to KRS 431.600 and 431.660, 11
develop a local protocol consistent with the model protocol issued by the 12
Kentucky Multidisciplinary Commission on Child Sexual Abuse. The local 13
team shall submit the protocol to the commission for review and approval. 14
(h) The multidisciplinary team review of a case may include information from 15
reports generated by agencies, organizations, or individuals that are 16
responsible for investigation, prosecution, or treatment in the case, KRS 17
610.320 to KRS 610.340 notwithstanding. 18
(i) To the extent practicable, multidisciplinary teams shall be staffed by the local 19
children's advocacy center. 20
(8) Nothing in this section shall limit the cabinet's investigatory authority under KRS 21
620.050 or any other obligation imposed by law. 22
Section 3. KRS 620.072 is amended to read as follows: 23
(1) If the cabinet's initial determination as to the risk of harm to and immediate safety 24
of an alleged abused or neglected child as defined in KRS 600.020 requires an 25
investigation or assessment pursuant to administrative regulations promulgated by 26
the cabinet, including consideration of information on the nature and extent of a 27 UNOFFICIAL COPY 23 RS SB 229/GA
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present danger or threat of danger to the child or cabinet staff, and if the 1
investigation requires a visit to the residence or location where the reported abuse 2
or neglect occurred, the cabinet may [shall ]make the visit unannounced, in addition 3
to any other actions taken to protect the child. 4
(2) If the initial visit is necessary, after it is completed, the cabinet may[ shall] 5
incorporate unannounced visits with any necessary scheduled visits until the 6
welfare of the child has been safeguarded in accordance with administrative 7
regulations promulgated by the cabinet. 8
(3) If there is reason to believe a child is in imminent danger, or if a parent or caretaker 9
of a child refuses the cabinet entry to a child's home or refuses to allow a child to be 10
interviewed, the cabinet may request assistance: 11
(a) From law enforcement; or 12
(b) Through a request for a court order pursuant to KRS 620.040(5)(a). 13
(4) A school or a child-care provider shall provide the cabinet access to a child subject 14
to an investigation without parental consent. 15