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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 600.020 is amended to read as follows: 3
As used in KRS Chapters 600 to 645, unless the context otherwise requires: 4
(1) "Abused or neglected child" means a child whose health or welfare is harmed or 5
threatened with harm when: 6
(a) His or her parent, guardian, person in a position of authority or special trust, 7
as defined in KRS 532.045, or other person exercising custodial control or 8
supervision of the child: 9
1. Inflicts or allows to be inflicted upon the child physical or emotional 10
injury as defined in this section by other than accidental means; 11
2. Creates or allows to be created a risk of physical or emotional injury as 12
defined in this section to the child by other than accidental means; 13
3. Engages in a pattern of conduct that renders the parent incapable of 14
caring for the immediate and ongoing needs of the child, including but 15
not limited to parental incapacity due to a substance use disorder as 16
defined in KRS 222.005; 17
4. Continuously or repeatedly fails or refuses to provide essential parental 18
care and protection for the child, considering the age of the child; 19
5. Commits or allows to be committed an act of sexual abuse, sexual 20
exploitation, or prostitution upon the child; 21
6. Creates or allows to be created a risk that an act of sexual abuse, sexual 22
exploitation, or prostitution will be committed upon the child; 23
7. Abandons or exploits the child; 24
8. Does not provide the child with adequate care, supervision, food, 25
clothing, shelter, and education or medical care necessary for the child's 26
well-being when financially able to do so or offered financial or other 27 UNOFFICIAL COPY 24 RS HB 271/GA
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means to do so. A parent or other person exercising custodial control or 1
supervision of the child legitimately practicing the person's religious 2
beliefs shall not be considered a negligent parent solely because of 3
failure to provide specified medical treatment for a child for that reason 4
alone. This exception shall not preclude a court from ordering necessary 5
medical services for a child; 6
9. Fails to make sufficient progress toward identified goals as set forth in 7
the court-approved case plan to allow for the safe return of the child to 8
the parent that results in the child remaining committed to the cabinet 9
and remaining in foster care for fifteen (15) cumulative months out of 10
forty-eight (48) months; or 11
10. Commits or allows female genital mutilation as defined in KRS 508.125 12
to be committed; or 13
(b) A person twenty-one (21) years of age or older commits or allows to be 14
committed an act of sexual abuse, sexual exploitation, or prostitution upon a 15
child less than sixteen (16) years of age; 16
(2) "Age or developmentally appropriate" has the same meaning as in 42 U.S.C. sec. 17
675(11); 18
(3) "Aggravated circumstances" means the existence of one (1) or more of the 19
following conditions: 20
(a) The parent has not attempted or has not had contact with the child for a period 21
of not less than ninety (90) days; 22
(b) The parent is incarcerated and will be unavailable to care for the child for a 23
period of at least one (1) year from the date of the child's entry into foster care 24
and there is no appropriate relative placement available during this period of 25
time; 26
(c) The parent has sexually abused the child and has refused available treatment; 27 UNOFFICIAL COPY 24 RS HB 271/GA
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(d) The parent has been found by the cabinet to have engaged in abuse of the 1
child that required removal from the parent's home two (2) or more times in 2
the past two (2) years; or 3
(e) The parent has caused the child serious physical injury; 4
(4) "Beyond the control of parents" means a child who has repeatedly failed to follow 5
the reasonable directives of his or her parents, legal guardian, or person exercising 6
custodial control or supervision other than a state agency, which behavior results in 7
danger to the child or others, and which behavior does not constitute behavior that 8
would warrant the filing of a petition under KRS Chapter 645; 9
(5) "Beyond the control of school" means any child who has been found by the court to 10
have repeatedly violated the lawful regulations for the government of the school as 11
provided in KRS 158.150, and as documented in writing by the school as a part of 12
the school's petition or as an attachment to the school's petition. The petition or 13
attachment shall describe the student's behavior and all intervention strategies 14
attempted by the school; 15
(6) "Boarding home" means a privately owned and operated home for the boarding and 16
lodging of individuals which is approved by the Department of Juvenile Justice or 17
the cabinet for the placement of children committed to the department or the 18
cabinet; 19
(7) "Cabinet" means the Cabinet for Health and Family Services; 20
(8) "Certified juvenile facility staff" means individuals who meet the qualifications of, 21
and who have completed a course of education and training in juvenile detention 22
developed and approved by, the Department of Juvenile Justice after consultation 23
with other appropriate state agencies; 24
(9) "Child" means any person who has not reached his or her eighteenth birthday, 25
unless otherwise provided; 26
(10) "Child-caring facility" means any facility or group home other than a state facility, 27 UNOFFICIAL COPY 24 RS HB 271/GA
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Department of Juvenile Justice contract facility or group home, or one certified by 1
an appropriate agency as operated primarily for educational or medical purposes, 2
providing residential care on a twenty-four (24) hour basis to children not related by 3
blood, adoption, or marriage to the person maintaining the facility; 4
(11) "Child-placing agency" means any agency, other than a state agency, which 5
supervises the placement of children in foster family homes or child-caring 6
facilities or which places children for adoption; 7
(12) "Clinical treatment facility" means a facility with more than eight (8) beds 8
designated by the Department of Juvenile Justice or the cabinet for the treatment of 9
mentally ill children. The treatment program of such facilities shall be supervised 10
by a qualified mental health professional; 11
(13) "Commitment" means an order of the court which places a child under the custodial 12
control or supervision of the Cabinet for Health and Family Services, Department 13
of Juvenile Justice, or another facility or agency until the child attains the age of 14
eighteen (18) unless otherwise provided by law; 15
(14) "Community-based facility" means any nonsecure, homelike facility licensed, 16
operated, or permitted to operate by the Department of Juvenile Justice or the 17
cabinet, which is located within a reasonable proximity of the child's family and 18
home community, which affords the child the opportunity, if a Kentucky resident, 19
to continue family and community contact; 20
(15) "Complaint" means a verified statement setting forth allegations in regard to the 21
child which contain sufficient facts for the formulation of a subsequent petition; 22
(16) "Court" means the juvenile session of District Court unless a statute specifies the 23
adult session of District Court or the Circuit Court; 24
(17) "Court-designated worker" means that organization or individual delegated by the 25
Administrative Office of the Courts for the purposes of placing children in 26
alternative placements prior to arraignment, conducting preliminary investigations, 27 UNOFFICIAL COPY 24 RS HB 271/GA
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and formulating, entering into, and supervising diversion agreements and 1
performing such other functions as authorized by law or court order; 2
(18) "Deadly weapon" has the same meaning as it does in KRS 500.080; 3
(19) "Department" means the Department for Community Based Services; 4
(20) "Dependent child" means any child, other than an abused or neglected child, who is 5
under improper care, custody, control, or guardianship that is not due to an 6
intentional act of the parent, guardian, or person exercising custodial control or 7
supervision of the child; 8
(21) "Detention" means the safe and temporary custody of a juvenile who is accused of 9
conduct subject to the jurisdiction of the court who requires a restricted or closely 10
supervised environment for his or her own or the community's protection; 11
(22) "Detention hearing" means a hearing held by a judge or trial commissioner within 12
twenty-four (24) hours, exclusive of weekends and holidays, of the start of any 13
period of detention prior to adjudication; 14
(23) "Diversion agreement" means a mechanism designed to hold a child accountable 15
for his or her behavior and, if appropriate, securing services to serve the best 16
interest of the child and to provide redress for that behavior without court action 17
and without the creation of a formal court record; 18
(24) "Eligible youth" means a person who: 19
(a) Is or has been committed to the cabinet as dependent, neglected, or abused; 20
(b) Is eighteen (18) years of age to nineteen (19) years of age; and 21
(c) Is requesting to extend or reinstate his or her commitment to the cabinet in 22
order to participate in state or federal educational programs or to establish 23
independent living arrangements; 24
(25) "Emergency shelter" is a group home, private residence, foster home, or similar 25
homelike facility which provides temporary or emergency care of children and 26
adequate staff and services consistent with the needs of each child; 27 UNOFFICIAL COPY 24 RS HB 271/GA
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(26) "Emotional injury" means an injury to the mental or psychological capacity or 1
emotional stability of a child as evidenced by a substantial and observable 2
impairment in the child's ability to function within a normal range of performance 3
and behavior with due regard to his or her age, development, culture, and 4
environment as testified to by a qualified mental health professional; 5
(27) "Evidence-based practices" means policies, procedures, programs, and practices 6
proven by scientific research to reliably produce reductions in recidivism; 7
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage 8
to a child, but who has an emotionally significant relationship with the child, or an 9
emotionally significant relationship with a biological parent, siblings, or half-10
siblings of the child in the case of a child from birth to twelve (12) months of age, 11
prior to placement; 12
(29) "Firearm" shall have the same meaning as in KRS 237.060 and 527.010; 13
(30) "Foster family home" means a private home in which children are placed for foster 14
family care under supervision of the cabinet or a licensed child-placing agency; 15
(31) "Graduated sanction" means any of a continuum of accountability measures, 16
programs, and sanctions, ranging from less restrictive to more restrictive in nature, 17
that may include but are not limited to: 18
(a) Electronic monitoring; 19
(b) Drug and alcohol screening, testing, or monitoring; 20
(c) Day or evening reporting centers; 21
(d) Reporting requirements; 22
(e) Community service; and 23
(f) Rehabilitative interventions such as family counseling, substance abuse 24
treatment, restorative justice programs, and behavioral or mental health 25
treatment; 26
(32) "Habitual runaway" means any child who has been found by the court to have been 27 UNOFFICIAL COPY 24 RS HB 271/GA
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absent from his or her place of lawful residence without the permission of his or her 1
custodian for at least three (3) days during a one (1) year period; 2
(33) "Habitual truant" means any child who has been found by the court to have been 3
reported as a truant as defined in KRS 159.150(1) two (2) or more times during a 4
one (1) year period; 5
(34) "Hospital" means, except for purposes of KRS Chapter 645, a licensed private or 6
public facility, health care facility, or part thereof, which is approved by the cabinet 7
to treat children; 8
(35) "Independent living" means those activities necessary to assist a committed child to 9
establish independent living arrangements; 10
(36) "Informal adjustment" means an agreement reached among the parties, with 11
consultation, but not the consent, of the victim of the crime or other persons 12
specified in KRS 610.070 if the victim chooses not to or is unable to participate, 13
after a petition has been filed, which is approved by the court, that the best interest 14
of the child would be served without formal adjudication and disposition; 15
(37) "Intentionally" means, with respect to a result or to conduct described by a statute 16
which defines an offense, that the actor's conscious objective is to cause that result 17
or to engage in that conduct; 18
(38) "Least restrictive alternative" means, except for purposes of KRS Chapter 645, that 19
the program developed on the child's behalf is no more harsh, hazardous, or 20
intrusive than necessary; or involves no restrictions on physical movements nor 21
requirements for residential care except as reasonably necessary for the protection 22
of the child from physical injury; or protection of the community, and is conducted 23
at the suitable available facility closest to the child's place of residence to allow for 24
appropriate family engagement; 25
(39) "Motor vehicle offense" means any violation of the nonfelony provisions of KRS 26
Chapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117; 27 UNOFFICIAL COPY 24 RS HB 271/GA
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(40) "Near fatality" means an injury that, as certified by a physician, places a child in 1
serious or critical condition; 2
(41) "Needs of the child" means necessary food, clothing, health, shelter, and education; 3
(42) "Nonoffender" means a child alleged to be dependent, neglected, or abused and 4
who has not been otherwise charged with a status or public offense; 5
(43) "Nonsecure facility" means a facility which provides its residents access to the 6
surrounding community and which does not rely primarily on the use of physically 7
restricting construction and hardware to restrict freedom; 8
(44) "Nonsecure setting" means a nonsecure facility or a residential home, including a 9
child's own home, where a child may be temporarily placed pending further court 10
action. Children before the court in a county that is served by a state operated 11
secure detention facility, who are in the detention custody of the Department of 12
Juvenile Justice, and who are placed in a nonsecure alternative by the Department 13
of Juvenile Justice, shall be supervised by the Department of Juvenile Justice; 14
(45) "Out-of-home placement" means a placement other than in the home of a parent, 15
relative, or guardian, in a boarding home, clinical treatment facility, community-16
based facility, detention facility, emergency shelter, fictive kin home, foster family 17
home, hospital, nonsecure facility, physically secure facility, residential treatment 18
facility, or youth alternative center; 19
(46) "Parent" means the biological or adoptive mother or father of a child; 20
(47) "Person exercising custodial control or supervision" means a person or agency that 21
has assumed the role and responsibility of a parent or guardian for the child, but that 22
does not necessarily have legal custody of the child; 23
(48) "Petition" means a verified statement, setting forth allegations in regard to the child, 24
which initiates formal court involvement in the child's case; 25
(49) "Physical injury" means substantial physical pain or any impairment of physical 26
condition; 27 UNOFFICIAL COPY 24 RS HB 271/GA
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(50) "Physically secure facility" means a facility that relies primarily on the use of 1
construction and hardware such as locks, bars, and fences to restrict freedom; 2
(51) "Public offense action" means an action, excluding contempt, brought in the interest 3
of a child who is accused of committing an offense under KRS Chapter 527 or a 4
public offense which, if committed by an adult, would be a crime, whether the same 5
is a felony, misdemeanor, or violation, other than an action alleging that a child 6
sixteen (16) years of age or older has committed a motor vehicle offense; 7
(52) "Qualified mental health professional" means: 8
(a) A physician licensed under the laws of Kentucky to practice medicine or 9
osteopathy, or a medical officer of the government of the United States while 10
engaged in the performance of official duties; 11
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 12
osteopathy, or a medical officer of the government of the United States while 13
engaged in the practice of official duties, and who is certified or eligible to 14
apply for certification by the American Board of Psychiatry and Neurology, 15
Inc.; 16
(c) A psychologist with the health service provider designation, a psychological 17
practitioner, a certified psychologist, or a psychological associate licensed 18
under the provisions of KRS Chapter 319; 19
(d) A licensed registered nurse with a master's degree in psychiatric nursing from 20
an accredited institution and two (2) years of clinical experience with 21
mentally ill persons, or a licensed registered nurse with a bachelor's degree in 22
nursing from an accredited institution who is certified as a psychiatric and 23
mental health nurse by the American Nurses Association and who has three 24
(3) years of inpatient or outpatient clinical experience in psychiatric nursing 25
and who is currently employed by a hospital or forensic psychiatric facility 26
licensed by the Commonwealth or a psychiatric unit of a general hospital, a 27 UNOFFICIAL COPY 24 RS HB 271/GA
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private agency or company engaged in providing mental health services, or a 1
regional comprehensive care center; 2
(e) A licensed clinical social worker licensed under the provisions of KRS 3
335.100, or a certified social worker licensed under the provisions of KRS 4
335.080 with three (3) years of inpatient or outpatient clinical experience in 5
psychiatric social work and currently employed by a hospital or forensic 6
psychiatric facility licensed by the Commonwealth, a psychiatric unit of a 7
general hospital, a private agency or company engaged in providing mental 8
health services, or a regional comprehensive care center; 9
(f) A marriage and family therapist licensed under the provisions of KRS 10
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 11
experience in psychiatric mental health practice and currently employed by a 12
hospital or forensic psychiatric facility licensed by the Commonwealth, a 13
psychiatric unit of a general hospital, a private agency or company engaged in 14
providing mental health services, or a regional comprehensive care center; 15
(g) A professional counselor credentialed under the provisions of KRS 335.500 to 16
335.599 with three (3) years of inpatient or outpatient clinical experience in 17
psychiatric mental health practice and currently employed by a hospital or 18
forensic facility licensed by the Commonwealth, a psychiatric unit of a 19
general hospital, a private agency or company engaged in providing mental 20
health services, or a regional comprehensive care center; or 21
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 22
(1) of the following requirements: 23
1. Provides documentation that he or she has completed a psychiatric 24
residency program for physician assistants; 25
2. Has completed at least one thousand (1,000) hours of clinical experience 26
under a supervising physician, as defined by KRS 311.840, who is a 27 UNOFFICIAL COPY 24 RS HB 271/GA
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psychiatrist and is certified or eligible for certification by the American 1
Board of Psychiatry and Neurology, Inc.; 2
3. Holds a master's degree from a physician assistant program accredited 3
by the Accreditation Review Commission on Education for the 4
Physician Assistant or its predecessor or successor agencies, is 5
practicing under a supervising physician as defined by KRS 311.840, 6
and: 7
a. Has two (2) years of clinical experience in the assessment, 8
evaluation, and treatment of mental disorders; or 9
b. Has been employed by a hospital or forensic psychiatric facility 10
licensed by the Commonwealth or a psychiatric unit of a general 11
hospital or a private agency or company engaged in the provision 12
of mental health services or a regional community program for 13
mental health and individuals with an intellectual disability for at 14
least two (2) years; or 15
4. Holds a bachelor's degree, possesses a current physician assistant 16
certificate issued by the board prior to July 15, 2002, is practicing under 17
a supervising physician as defined by KRS 311.840, and: 18
a. Has three (3) years of clinical experience in the assessment, 19
evaluation, and treatment of mental disorders; or 20
b. Has been employed by a hospital or forensic psychiatric facility 21
licensed by the Commonwealth or a psychiatric unit of a general 22
hospital or a private agency or company engaged in the provision 23
of mental health services or a regional community program for 24
mental health and individuals with an intellectual disability for at 25
least three (3) years; 26
(53) "Reasonable and prudent parent standard" has the same meaning as in 42 U.S.C. 27 UNOFFICIAL COPY 24 RS HB 271/GA
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sec. 675(10); 1
(54) "Residential treatment facility" means a facility or group home with more than eight 2
(8) beds designated by the Department of Juvenile Justice or the cabinet for the 3
treatment of children; 4
(55) "Retain in custody" means, after a child has been taken into custody, the continued 5
holding of the child by a peace officer for a period of time not to exceed twelve (12) 6
hours when authorized by the court or the court-designated worker for the purpose 7
of making preliminary inquiries; 8
(56) "Risk and needs assessment" means an actuarial tool scientifically proven to 9
identify specific factors and needs that are related to delinquent and noncriminal 10
misconduct; 11
(57) "Safety plan" means a written agreement developed by the cabinet and agreed to 12
by a family that clearly describes the protective services that the cabinet will 13
provide the family in order to manage threats to a child's safety; 14
(58) "School personnel" means those certified persons under the supervision of the local 15
public or private education agency; 16
(59)[(58)] "Secretary" means the secretary of the Cabinet for Health and Family 17
Services; 18
(60)[(59)] "Secure juvenile detention facility" means any physically secure facility used 19
for the secure detention of children other than any facility in which adult prisoners 20
are confined; 21
(61)[(60)] "Serious physical injury" means physical injury which creates a substantial 22
risk of death or which causes serious and prolonged disfigurement, prolonged 23
impairment of health, or prolonged loss or impairment of the function of any bodily 24
member or organ; 25
(62)[(61)] "Sexual abuse" includes but is not necessarily limited to any contacts or 26
interactions in which the parent, guardian, person in a position of authority or 27 UNOFFICIAL COPY 24 RS HB 271/GA
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special trust, as defined in KRS 532.045, or other person having custodial control or 1
supervision of the child or responsibility for his or her welfare, uses or allows, 2
permits, or encourages the use of the child for the purposes of the sexual 3
stimulation of the perpetrator or another person; 4
(63)[(62)] "Sexual exploitation" includes but is not limited to a situation in which a 5
parent, guardian, person in a position of authority or special trust, as defined in 6
KRS 532.045, or other person having custodial control or supervision of a child or 7
responsible for his or her welfare, allows, permits, or encourages the child to 8
engage in an act which constitutes prostitution under Kentucky law; or a parent, 9
guardian, person in a position of authority or special trust, as defined in KRS 10
532.045, or other person having custodial control or supervision of a child or 11
responsible for his or her welfare, allows, permits, or encourages the child to 12
engage in an act of obscene or pornographic photographing, filming, or depicting of 13
a child as provided for under Kentucky law; 14
(64)[(63)] "Social service worker" means any employee of the cabinet or any private 15
agency designated as such by the secretary of the cabinet or a social worker 16
employed by a county or city who has been approved by the cabinet to provide, 17
under its supervision, services to families and children; 18
(65)[(64)] "Staff secure facility for residential treatment" means any setting which 19
assures that all entrances and exits are under the exclusive control of the facility 20
staff, and in which a child may reside for the purpose of receiving treatment; 21
(66) "Statewide reporting system" means a system for making and compiling reports 22
of child dependency, neglect, and abuse in Kentucky made via telephone call or 23
in writing by a member of the public; 24
(67)[(65)] (a) "Status offense action" is any action brought in the interest of a child 25
who is accused of committing acts, which if committed by an adult, would not 26
be a crime. Such behavior shall not be considered criminal or delinquent and 27 UNOFFICIAL COPY 24 RS HB 271/GA
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such children shall be termed status offenders. Status offenses shall include: 1
1. Beyond the control of school or beyond the control of parents; 2
2. Habitual runaway; 3
3. Habitual truant; and 4
4. Alcohol offenses as provided in KRS 244.085. 5
(b) Status offenses shall not include violations of state or local ordinances which 6
may apply to children such as a violation of curfew; 7
(68)[(66)] "Take into custody" means the procedure by which a peace officer or other 8
authorized person initially assumes custody of a child. A child may be taken into 9
custody for a period of time not to exceed two (2) hours; 10
(69)[(67)] "Transitional living support" means all benefits to which an eligible youth is 11
entitled upon being granted extended or reinstated commitment to the cabinet by the 12
court; 13
(70)[(68)] "Transition plan" means a plan that is personalized at the direction of the 14
youth that: 15
(a) Includes specific options on housing, health insurance, education, local 16
opportunities for mentors and continuing support services, and workforce 17
supports and employment services; and 18
(b) Is as detailed as the youth may elect; 19
(71)[(69)] "Valid court order" means a court order issued by a judge to a child alleged or 20
found to be a status offender: 21
(a) Who was brought before the court and made subject to the order; 22
(b) Whose future conduct was regulated by the order; 23
(c) Who was given written and verbal warning of the consequences of the 24
violation of the order at the time the order was issued and whose attorney or 25
parent or legal guardian was also provided with a written notice of the 26
consequences of violation of the order, which notification is reflected in the 27 UNOFFICIAL COPY 24 RS HB 271/GA
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record of the court proceedings; and 1
(d) Who received, before the issuance of the order, the full due process rights 2
guaranteed by the Constitution of the United States; 3
(72)[(70)] "Violation" means any offense, other than a traffic infraction, for which a 4
sentence of a fine only can be imposed; 5
(73)[(71)] "Youth alternative center" means a nonsecure facility, approved by the 6
Department of Juvenile Justice, for the detention of juveniles, both prior to 7
adjudication and after adjudication, which meets the criteria specified in KRS 8
15A.320; and 9
(74)[(72)] "Youthful offender" means any person regardless of age, transferred to Circuit 10
Court under the provisions of KRS Chapter 635 or 640 and who is subsequently 11
convicted in Circuit Court. 12
Section 2. KRS 620.023 is amended to read as follows: 13
(1) Evidence of the following circumstances if relevant shall be considered by the court 14
in all proceedings conducted pursuant to KRS Chapter 620 in which the court is 15
required to render decisions in the best interest of the child: 16
(a) Mental illness as defined in KRS 202A.011 or an intellectual disability as 17
defined in KRS 202B.010 of the parent, as attested to by a qualified mental 18
health professional, which renders the parent unable to care for the immediate 19
and ongoing needs of the child; 20
(b) Acts of abuse or neglect as defined in KRS 600.020 toward any child; 21
(c) Substance use disorder, as defined in KRS 222.005, that results in an 22
incapacity by the parent or caretaker to provide essential care and protection 23
for the child; 24
(d) A finding of domestic violence and abuse as defined in KRS 403.720, whether 25
or not committed in the presence of the child; 26
(e) Any other crime committed by a parent which results in the death or 27 UNOFFICIAL COPY 24 RS HB 271/GA
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permanent physical or mental disability of a member of that parent's family or 1
household; and 2
(f) The existence of any guardianship or conservatorship of the parent pursuant to 3
a determination of disability or partial disability as made under KRS 387.500 4
to 387.770 and 387.990. 5
(2) In determining the best interest of the child, the court may consider the 6
effectiveness of rehabilitative efforts made by the parent or caretaker intended to 7
address circumstances in this section. 8
(3) In determining the best interest of the child, the court shall have access to the 9
entire protection and permanency record of the child that is prepared, owned, 10
used, in the possession of, or retained by the cabinet. 11
Section 3. KRS 620.030 is amended to read as follows: 12
(1) Any person who knows or has reasonable cause to believe that a child is dependent, 13
neglected, or abused shall immediately cause an oral or written report, including 14
but not limited to electronic submissions, to be made to a local law enforcement 15
agency or to the Department of Kentucky State Police, the cabinet or its designated 16
representative, the Commonwealth's attorney, or the county attorney by telephone 17
or otherwise. If the cabinet receives a report of abuse or neglect allegedly 18
committed by a person other than a parent, guardian, fictive kin, person in a 19
position of authority, person in a position of special trust, or person exercising 20
custodial control or supervision, the cabinet shall refer the matter to the 21
Commonwealth's attorney or the county attorney and the local law enforcement 22
agency or the Department of Kentucky State Police. Nothing in this section shall 23
relieve individuals of their obligations to report. 24
(2) (a) Any person, including but not limited to a physician, osteopathic physician, 25
nurse, teacher, school personnel, social worker, coroner, medical examiner, 26
child-caring personnel, resident, intern, chiropractor, dentist, optometrist, 27 UNOFFICIAL COPY 24 RS HB 271/GA
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emergency medical technician, paramedic, health professional, mental health 1
professional, peace officer, or any organization or agency for any of the 2
above, who knows or has reasonable cause to believe that a child is 3
dependent, neglected, or abused, regardless of whether the person believed to 4
have caused the dependency, neglect, or abuse is a parent, guardian, fictive 5
kin, person in a position of authority, person in a position of special trust, 6
person exercising custodial control or supervision, or another person, or who 7
has attended such child as a part of his or her professional duties, shall: 8
1. Immediately make an oral or written report, including but not limited to 9
electronic submissions, in accordance with subsection (1) of this 10
section; 11
2. Immediately notify the supervisor of the institution, school, facility, 12
agency, or designated agent of the person in charge; and 13
3. If requested, in addition to the report required in subsection (1) or (3) of 14
this section, file with the local law enforcement agency or the 15
Department of Kentucky State Police, the cabinet or its designated 16
representative, the Commonwealth's attorney, or county attorney within 17
forty-eight (48) hours of the original report a written report, including 18
but not limited to electronic submissions, containing: 19
a. The names and addresses of the child and his or her parents or 20
other persons exercising custodial control or supervision; 21
b. The child's age; 22
c. The nature and extent of the child's alleged dependency, neglect, 23
or abuse, including any previous charges of dependency, neglect, 24
or abuse, to this child or his or her siblings; 25
d. The name and address of the person allegedly responsible for the 26
abuse or neglect; and 27 UNOFFICIAL COPY 24 RS HB 271/GA
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e. Any other information that the person making the report believes 1
may be helpful in the furtherance of the purpose of this section. 2
(b) Upon notification, the supervisor or the designated agent, if any, shall 3
facilitate the cooperation of the institution, school, facility, or agency with the 4
investigation of the report. 5
(c) Any person who knowingly causes intimidation, retaliation, or obstruction in 6
the investigation of the report shall be guilty of a Class A misdemeanor. 7
(d) This section shall not require more than one (1) report from any institution, 8
school, facility, or agency. 9
(3) Any person who knows or has reasonable cause to believe that a child is a victim of 10
human trafficking as defined in KRS 529.010 shall immediately cause an oral or 11
written report, including but not limited to electronic submissions, to be made to a 12
local law enforcement agency or the Department of Kentucky State Police; or the 13
cabinet or its designated representative; or the Commonwealth's attorney or the 14
county attorney; by telephone or otherwise. This subsection shall apply regardless 15
of whether the person believed to have caused the human trafficking of the child is 16
a parent, guardian, fictive kin, person in a position of authority, person in a position 17
of special trust, or person exercising custodial control or supervision. 18
(4) Any person who knows or has reasonable cause to believe that a child is a victim of 19
female genital mutilation as defined in KRS 508.125 shall immediately cause an 20
oral or written report, including but not limited to electronic submissions, to be 21
made by telephone or otherwise to: 22
(a) A local law enforcement agency or the Department of Kentucky State Police; 23
(b) The cabinet or its designated representative; or 24
(c) The Commonwealth's attorney or the county attorney. 25
This subsection shall apply regardless of whether the person believed to have 26
caused the female genital mutilation of the child is a parent, guardian, or person 27 UNOFFICIAL COPY 24 RS HB 271/GA
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exercising custodial control or supervision. 1
(5) Neither the husband-wife nor any professional-client/patient privilege, except the 2
attorney-client and clergy-penitent privilege, shall be a ground for refusing to report 3
under this section or for excluding evidence regarding a dependent, neglected, or 4
abused child or the cause thereof, in any judicial proceedings resulting from a report 5
pursuant to this section. This subsection shall also apply in any criminal proceeding 6
in District or Circuit Court regarding a dependent, neglected, or abused child. 7
(6) The cabinet shall establish and operate a statewide reporting system for the 8
public to make reports of child dependency, neglect, and abuse via telephone call 9
or written report, including but not limited to electronic submissions. The 10
statewide reporting system shall operate a twenty-four (24) hour on-call response 11
system that includes but is not limited to a child abuse hotline for the receipt of 12
emergency and nonemergency reports of child dependency, neglect, and abuse 13
during and after normal office hours. The cabinet may use contract employees to 14
operate the system. 15
(7) The cabinet upon request shall receive from any agency of the state or any other 16
agency, institution, or facility providing services to the child or his or her family, 17
such cooperation, assistance, and information as will enable the cabinet to fulfill its 18
responsibilities under KRS 620.030, 620.040, and 620.050. 19
(8)[(7)] Nothing in this section shall limit the cabinet's investigatory authority under 20
KRS 620.050 or any other obligation imposed by law. 21
(9)[(8)] Any person who intentionally violates the provisions of this section shall be 22
guilty of a: 23
(a) Class B misdemeanor for the first offense; 24
(b) Class A misdemeanor for the second offense; and 25
(c) Class D felony for each subsequent offense. 26
Section 4. KRS 620.032 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS HB 271/GA
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(1) By November 1 of each year, beginning in 2021, the cabinet [for Health and Family 1
Services ]shall submit to the Legislative Research Commission a comprehensive 2
report that does not identify individuals, detailing the number of reports the cabinet 3
has received regarding female genital mutilation as defined in KRS 508.125, the 4
number of reports in which the cabinet has investigated and determined that a child 5
is the victim of female genital mutilation, and the number of cases in which services 6
were provided. 7
(2) Beginning August 1, 2024, and monthly thereafter, the cabinet shall deliver to the 8
Legislative Research Commission for referral to the Interim Joint Committee, 9
Senate Standing Committee, and House Standing Committee on Families and 10
Children, a report on the monthly child protective services intakes received by the 11
cabinet. The monthly report shall include at a minimum the following: 12
(a) Total number of all intakes; 13
(b) All child protective services response intakes; 14
(c) Intakes with allegations of abuse and neglect; 15
(d) Reports that met acceptance criteria; 16
(e) Reports with a substantiated or services needed finding; and 17
(f) Reports with a substantiated finding. 18
Section 5. KRS 605.035 is amended to read as follows: 19
(1) There is hereby created in each judicial district a family accountability, 20
intervention, and response team that shall develop enhanced case management 21
plans and opportunities for services for children referred to the team. The family 22
accountability, intervention, and response team shall consist of not more than 23
fifteen (15) persons. 24
(2) The membership of the team shall include the following representatives as 25
appointed by their agencies or organizations: 26
(a) A court-designated worker in that judicial circuit or district; 27 UNOFFICIAL COPY 24 RS HB 271/GA
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(b) One (1) or more members, one (1) of whom shall be a representative of the 1
community mental health center, of the regional interagency council specified 2
in KRS 200.509(1)(a) to (d) and (g), or corresponding members of the local 3
interagency council if one exists; 4
(c) A representative from the cabinet knowledgeable about services available 5
through the cabinet and authorized to facilitate access to services; 6
(d) A representative from the office of a county attorney within the judicial 7
district; 8
(e) A representative from the Department of Public Advocacy; 9
(f) A representative from a local public school within the judicial district; 10
(g) A representative of law enforcement; and 11
(h) Other persons interested in juvenile justice issues, as identified by the family 12
accountability, intervention, and response team, who are necessary for a 13
complete representation of resources within each judicial circuit or district. 14
(3) A court-designated worker from within the judicial circuit or district shall lead the 15
team and be responsible for convening and staffing the team. 16
(4) The team shall adopt a case management approach and process for reviewing: 17
(a) Referrals from the court-designated worker involving cases in which a child 18
has failed to appear for a preliminary intake inquiry, declined to enter into a 19
diversion agreement, or failed to complete the terms of the agreement; and 20
(b) Status offense cases if the court-designated worker, after reviewing the 21
complaint, has determined that no further action is necessary. 22
(5) After reviewing the actions taken by the court-designated worker, including 23
referrals made for the child and his or her family, efforts to address barriers to 24
successful completion, and whether other appropriate services are available to 25
address the needs of the child and his or her family, the team may: 26
(a) Refer the case back to the court-designated worker to take further action as 27 UNOFFICIAL COPY 24 RS HB 271/GA
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recommended by the team; 1
(b) Refer the case to the cabinet, which shall conduct an investigation of 2
suspected dependency, neglect, or abuse of a child as defined in Section 1 of 3
this Act; or 4
(c) Advise the court-designated worker to refer the case to the county attorney if 5
the team has no further recommendations to offer. 6
Section 6. KRS 620.040 is amended to read as follows: 7
(1) (a) Upon receipt of a report alleging abuse or neglect of a child as defined in 8
Section 1 of this Act by a parent, guardian, fictive kin, person in a position of 9
authority, person in a position of special trust, or person exercising custodial 10
control or supervision, pursuant to KRS 620.030(1) or (2), or a report alleging 11
a child is a victim of human trafficking pursuant to KRS 620.030(3), the 12
recipient of the report shall immediately notify the cabinet or its designated 13
representative, the local law enforcement agency or the Department of 14
Kentucky State Police, and the Commonwealth's or county attorney of the 15
receipt of the report. If any agency listed above is the reporting source, the 16
recipient shall immediately notify the cabinet or its designated representative, 17
the local law enforcement agency, the Department of Kentucky State Police, 18
and the Commonwealth's or county attorney of the receipt of the report. 19
(b) Based upon the allegation in the report, the cabinet shall immediately make an 20
initial determination as to the risk of harm and immediate safety of the child. 21
Based upon the level of risk determined, the cabinet shall investigate the 22
allegation or accept the report for an assessment of family needs and, if 23
appropriate, may provide or make referral to any community-based services 24
necessary to reduce risk to the child and to provide family support. A report of 25
sexual abuse or human trafficking of a child shall be considered high risk and 26
shall not be referred to any other community agency. 27 UNOFFICIAL COPY 24 RS HB 271/GA
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(c) In making the initial determination as to the risk of harm and immediate 1
safety of the child pursuant to paragraph (b) of this subsection, the cabinet 2
shall at a minimum: 3
1. Consider the age and vulnerability of a child, particularly for ages five 4
(5) years of age and under, when assessing allegations of abuse and 5
neglect; 6
2. Automatically accept for investigation a subsequent report from a 7
professional reporting source, who makes a report pursuant to the 8
requirements in KRS Chapter 620 that a child is abused or neglected 9
and identifies himself or herself by name, title, and employer, when 10
the same or similar allegation has been reported by one (1) or more 11
unique professional reporting sources within the past thirty (30) days. 12
For the purposes of this subparagraph "professional reporting 13
source" means an individual who is a social worker, therapist, 14
medical professional, educator, judge, attorney, law enforcement 15
officer, or any other individual holding a degree or position in a field 16
related to the safety and care of children; and 17
3. Automatically accept for investigation a report from a court of 18
appropriate jurisdiction that makes a report pursuant to the 19
requirements in KRS Chapter 620 that a child is abused or neglected 20
or identifies that the child is a plaintiff in an active emergency 21
protective order or interpersonal protection order case. 22
(d) The cabinet shall, within seventy-two (72) hours, exclusive of weekends and 23
holidays, make a written report, including but not limited to electronic 24
submissions, to the Commonwealth's or county attorney and the local law 25
enforcement agency or the Department of Kentucky State Police concerning 26
the action that has been taken on the investigation. 27 UNOFFICIAL COPY 24 RS HB 271/GA
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(e)[(d)] If the report alleges abuse or neglect by someone other than a parent, 1
guardian, fictive kin, person in a position of authority, person in a position of 2
special trust, or person exercising custodial control or supervision, or the 3
human trafficking of a child, the cabinet shall immediately notify the 4
Commonwealth's or county attorney and the local law enforcement agency or 5
the Department of Kentucky State Police. 6
(2) (a) Upon receipt of a report alleging dependency pursuant to KRS 620.030(1) and 7
(2), the recipient shall immediately notify the cabinet or its designated 8
representative. 9
(b) Based upon the allegation in the report, the cabinet shall immediately make an 10
initial determination as to the risk of harm and immediate safety of the child. 11
Based upon the level of risk, the cabinet shall investigate the allegation or 12
accept the report for an assessment of family needs and, if appropriate, may 13
provide or make referral to any community-based services necessary to reduce 14
risk to the child and to provide family support. A report of sexual abuse or 15
human trafficking of a child shall be considered high risk and shall not be 16
referred to any other community agency. 17
(c) In making the initial determination as to the risk of harm and immediate 18
safety of the child pursuant to paragraph (b) of this subsection, the cabinet 19
shall at a minimum: 20
1. Consider the age and vulnerability of a child, particularly for ages five 21
(5) years of age and under, when assessing allegations of dependency; 22
2. Automatically accept for investigation a subsequent report from a 23
professional reporting source, who makes a report pursuant to the 24
requirements in KRS Chapter 620 that a child is dependent and 25
identifies himself or herself by name, title, and employer, when the 26
same or similar allegation has been reported by one (1) or more 27 UNOFFICIAL COPY 24 RS HB 271/GA
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unique professional reporting sources within the past thirty (30) days. 1
For the purposes of this subparagraph "professional reporting 2
source" means an individual who is a social worker, therapist, 3
medical professional, educator, judge, attorney, law enforcement 4
officer, or any other individual holding a degree or position in a field 5
related to the safety and care of children; and 6
3. Automatically accept for investigation a report from a court of 7
appropriate jurisdiction that makes a report pursuant to the 8
requirements in KRS Chapter 620 that a child is dependent or 9
identifies that the child is a plaintiff in an active emergency protective 10
order or interpersonal protection order case. 11
(d) The cabinet need not notify the local law enforcement agency or the 12
Department of Kentucky State Police or Commonwealth's or county attorney 13
of reports made under this subsection unless the report involves the human 14
trafficking of a child, in which case the notification shall be required. 15
(3) If the cabinet or its designated representative receives a report of abuse by a person 16
other than a parent, guardian, fictive kin, person in a position of authority, person in 17
a position of special trust, or other person exercising custodial control or 18
supervision of a child, it shall immediately notify the local law enforcement agency 19
or the Department of Kentucky State Police and the Commonwealth's or county 20
attorney of the receipt of the report and its contents, and they shall investigate the 21
matter. The cabinet or its designated representative shall participate in an 22
investigation of noncustodial physical abuse or neglect at the request of the local 23
law enforcement agency or the Department of Kentucky State Police. The cabinet 24
shall participate in all investigations of reported or suspected sexual abuse or human 25
trafficking of a child. 26
(4) School personnel or other persons listed in KRS 620.030(2) do not have the 27 UNOFFICIAL COPY 24 RS HB 271/GA
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authority to conduct internal investigations in lieu of the official investigations 1
outlined in this section. 2
(5) (a) If, after receiving the report, the law enforcement officer, the cabinet, or its 3
designated representative cannot gain admission to the location of the child, a 4
search warrant shall be requested from, and may be issued by, the judge to the 5
appropriate law enforcement official upon probable cause that the child is 6
dependent, neglected, or abused. If, pursuant to a search under a warrant, a 7
child is discovered and appears to be in imminent danger, the child may be 8
removed by the law enforcement officer. 9
(b) If a child who is in a hospital or under the immediate care of a physician 10
appears to be in imminent danger if he or she is returned to the persons having 11
custody of him or her, the physician or hospital administrator may hold the 12
child without court order, provided that a request is made to the court for an 13
emergency custody order at the earliest practicable time, not to exceed 14
seventy-two (72) hours. 15
(c) Any appropriate law enforcement officer may take a child into protective 16
custody and may hold that child in protective custody without the consent of 17
the parent or other person exercising custodial control or supervision if there 18
exist reasonable grounds for the officer to believe that the child is in danger of 19
imminent death or serious physical injury, is being sexually abused, or is a 20
victim of human trafficking and that the parents or other person exercising 21
custodial control or supervision are unable or unwilling to protect the child. 22
The officer or the person to whom the officer entrusts the child shall, within 23
twelve (12) hours of taking the child into protective custody, request the court 24
to issue an emergency custody order. 25
(d) When a law enforcement officer, hospital administrator, or physician takes a 26
child into custody without the consent of the parent or other person exercising 27 UNOFFICIAL COPY 24 RS HB 271/GA
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custodial control or supervision, he or she shall provide written notice to the 1
parent or other person stating the reasons for removal of the child. Failure of 2
the parent or other person to receive notice shall not, by itself, be cause for 3
civil or criminal liability. 4
(e) 1. If a report includes a child fatality or near fatality, and the law 5
enforcement officer has reasonable grounds to believe any parent or 6
person exercising custodial control or supervision of the child was under 7
the influence of alcohol or drugs at the time the fatality or near fatality 8
occurred, the law enforcement officer shall request a test of blood, 9
breath, or urine from that person. 10
2. If, after making the request, consent is not given for the test of blood, 11
breath, or urine, a search warrant shall be requested from and may be 12
issued by the judge to the appropriate law enforcement official upon 13
probable cause that a child fatality or near fatality has occurred and that 14
the person exercising custodial control or supervision of the child at the 15
time of the fatality or near fatality was under the influence. 16
3. Any test requested under this section shall be conducted pursuant to the 17
testing procedures and requirements in KRS 189A.103. 18
(6) To the extent practicable and when in the best interest of a child alleged to have 19
been abused, interviews with the child shall be conducted at a children's advocacy 20
center. 21
(7) (a) One (1) or more multidisciplinary teams may be established in every county 22
or group of contiguous counties. 23
(b) Membership of the multidisciplinary team shall include but shall not be 24
limited to social service workers employed by the Cabinet for Health and 25
Family Services and law enforcement officers. Additional team members may 26
include Commonwealth's and county attorneys, children's advocacy center 27 UNOFFICIAL COPY 24 RS HB 271/GA
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staff, mental health professionals, medical professionals, victim advocates 1
including advocates for victims of human trafficking, educators, and other 2
related professionals, as deemed appropriate. 3
(c) The multidisciplinary team shall review child sexual abuse cases and child 4
human trafficking cases involving commercial sexual activity referred by 5
participating professionals, including those in which the alleged perpetrator 6
does not have custodial control or supervision of the child or is not 7
responsible for the child's welfare. The purpose of the multidisciplinary team 8
shall be to review investigations, assess service delivery, and to facilitate 9
efficient and appropriate disposition of cases through the criminal justice 10
system. 11
(d) The team shall hold regularly scheduled meetings if new reports of sexual 12
abuse or child human trafficking cases involving commercial sexual activity 13
are received or if active cases exist. At each meeting, each active case shall be 14
presented and the agencies' responses assessed. 15
(e) The multidisciplinary team shall provide an annual report to the public of 16
nonidentifying case information to allow assessment of the processing and 17
disposition of child sexual abuse cases and child human trafficking cases 18
involving commercial sexual activity. 19
(f) Multidisciplinary team members and anyone invited by the multidisciplinary 20
team to participate in a meeting shall not divulge case information, including 21
information regarding the identity of the victim or source of the report. Team 22
members and others attending meetings shall sign a confidentiality statement 23
that is consistent with statutory prohibitions on disclosure of this information. 24
(g) The multidisciplinary team shall, pursuant to KRS 431.600 and 431.660, 25
develop a local protocol consistent with the model protocol issued by the 26
Kentucky Multidisciplinary Commission on Child Sexual Abuse. The local 27 UNOFFICIAL COPY 24 RS HB 271/GA
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team shall submit the protocol to the commission for review and approval. 1
(h) The multidisciplinary team review of a case may include information from 2
reports generated by agencies, organizations, or individuals that are 3
responsible for investigation, prosecution, or treatment in the case, KRS 4
610.320 to KRS 610.340 notwithstanding. 5
(i) To the extent practicable, multidisciplinary teams shall be staffed by the local 6
children's advocacy center. 7
(8) Nothing in this section shall limit the cabinet's investigatory authority under KRS 8
620.050 or any other obligation imposed by law. 9
Section 7. KRS 620.050 is amended to read as follows: 10
(1) Anyone acting upon reasonable cause in the making of a report or acting under 11
KRS 620.030 to 620.050 in good faith shall have immunity from any liability, civil 12
or criminal, that might otherwise be incurred or imposed. Any such participant shall 13
have the same immunity with respect to participation in any judicial proceeding 14
resulting from such report or action. However, any person who knowingly makes a 15
false report and does so with malice shall be guilty of a Class A misdemeanor. 16
(2) Any employee or designated agent of a children's advocacy center shall be immune 17
from any civil liability arising from performance within the scope of the person's 18
duties as provided in KRS 620.030 to 620.050. Any such person shall have the 19
same immunity with respect to participation in any judicial proceeding. Nothing in 20
this subsection shall limit liability for negligence. Upon the request of an employee 21
or designated agent of a children's advocacy center, the Attorney General shall 22
provide for the defense of any civil action brought against the employee or 23
designated agent as provided under KRS 12.211 to 12.215. 24
(3) Neither the husband-wife nor any professional-client/patient privilege, except the 25
attorney-client and clergy-penitent privilege, shall be a ground for refusing to report 26
under this section or for excluding evidence regarding a dependent, neglected, or 27 UNOFFICIAL COPY 24 RS HB 271/GA
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abused child or the cause thereof, in any judicial proceedings resulting from a report 1
pursuant to this section. This subsection shall also apply in any criminal proceeding 2
in District or Circuit Court regarding a dependent, neglected, or abused child. 3
(4) Upon receipt of a report of an abused, neglected, or dependent child pursuant to this 4
chapter, the cabinet as the designated agency or its delegated representative shall 5
initiate a prompt investigation or assessment of family needs, take necessary action, 6
and shall offer protective services toward safeguarding the welfare of the child. The 7
cabinet shall work toward preventing further dependency, neglect, or abuse of the 8
child or any other child under the same care, and preserve and strengthen family 9
life, where possible, by enhancing parental capacity for adequate child care. If an 10
oral or written report, including but not limited to electronic submissions, 11
alleging that a child is dependent, neglected, or abused is made pursuant to this 12
section, and the cabinet determines that the report does not meet criteria for an 13
investigation, the cabinet shall refer the family to appropriate community-based 14
child and family service agencies for services to preserve and strengthen family 15
life in accordance with the requirements in 42 U.S.C. sec. 5106a. 16
(5) The report of suspected child abuse, neglect, or dependency and all information 17
obtained by the cabinet or its delegated representative, as a result of an investigation 18
or assessment made pursuant to this chapter, except for those records provided for 19
in subsection (6) of this section, shall not be divulged to anyone except: 20
(a) Persons suspected of causing dependency, neglect, or abuse; 21
(b) The custodial parent or legal guardian of the child alleged to be dependent, 22
neglected, or abused; 23
(c) Persons within the cabinet with a legitimate interest or responsibility related 24
to the case; 25
(d) A licensed child-caring facility or child-placing agency evaluating placement 26
for or serving a child who is believed to be the victim of an abuse, neglect, or 27 UNOFFICIAL COPY 24 RS HB 271/GA
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dependency report; 1
(e) Other medical, psychological, educational, or social service agencies, child 2
care administrators, corrections personnel, or law enforcement agencies, 3
including the county attorney's office, the coroner, and the local child fatality 4
response team, that have a legitimate interest in the case; 5
(f) A noncustodial parent when the dependency, neglect, or abuse is 6
substantiated; 7
(g) Members of multidisciplinary teams as defined by KRS 620.020 and which 8
operate pursuant to KRS 431.600; 9
(h) Employees or designated agents of a children's advocacy center; 10
(i) Those persons so authorized by court order; or 11
(j) The external child fatality and near fatality review panel established by KRS 12
620.055. 13
(6) (a) Files, reports, notes, photographs, records, electronic and other 14
communications, and working papers used or developed by a children's 15
advocacy center in providing services under this chapter are confidential and 16
shall not be disclosed except to the following persons: 17
1. Staff employed by the cabinet, law enforcement officers, and 18
Commonwealth's and county attorneys who are directly involved in the 19
investigation or prosecution of the case, including a cabinet 20
investigation or assessment of child abuse, neglect, and dependency in 21
accordance with this chapter; 22
2. Medical and mental health professionals listed by name in a release of 23
information signed by the guardian of the child, provided that the 24
information shared is limited to that necessary to promote the physical 25
or psychological health of the child or to treat the child for abuse-related 26
symptoms; 27 UNOFFICIAL COPY 24 RS HB 271/GA
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3. The court and those persons so authorized by a court order; 1
4. The external child fatality and near fatality review panel established by 2
KRS 620.055; and 3
5. The parties to an administrative hearing conducted by the cabinet or its 4
designee in accordance with KRS Chapter 13B in an appeal of a cabinet-5
substantiated finding of abuse or neglect. The children's advocacy center 6
may, in its sole discretion, provide testimony in lieu of files, reports, 7
notes, photographs, records, electronic and other communications, and 8
working papers used or developed by the center if the center determines 9
that the release poses a threat to the safety or well-being of the child, or 10
would be in the best interests of the child. Following the administrative 11
hearing and any judicial review, the parties to the administrative hearing 12
shall return all files, reports, notes, photographs, records, electronic and 13
other communications, and working papers used or developed by the 14
children's advocacy center to the center. 15
(b) The provisions of this subsection shall not be construed as to contravene the 16
Rules of Criminal Procedure relating to discovery. 17
(7) Nothing in this section shall prohibit a parent or guardian from accessing records 18
for his or her child providing that the parent or guardian is not currently under 19
investigation by a law enforcement agency or the cabinet relating to the abuse or 20
neglect of a child. 21
(8) Nothing in this section shall prohibit employees or designated agents of a children's 22
advocacy center from disclosing information during a multidisciplinary team 23
review of a child sexual abuse case as set forth under KRS 620.040. Persons 24
receiving this information shall sign a confidentiality statement consistent with 25
statutory prohibitions on disclosure of this information. 26
(9) Employees or designated agents of a children's advocacy center may confirm to 27 UNOFFICIAL COPY 24 RS HB 271/GA
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another children's advocacy center that a child has been seen for services. If an 1
information release has been signed by the guardian of the child, a children's 2
advocacy center may disclose relevant information to another children's advocacy 3
center. 4
(10) (a) An interview of a child recorded at a children's advocacy center shall not be 5
duplicated, except that the Commonwealth's or county attorney prosecuting 6
the case may: 7
1. Make and retain one (1) copy of the interview; and 8
2. Make one (1) copy for the defendant's or respondent's counsel that the 9
defendant's or respondent's counsel shall not duplicate. 10
(b) The defendant's or respondent's counsel shall file the copy with the court clerk 11
at the close of the case. 12
(c) Unless objected to by the victim or victims, the court, on its own motion, or 13
on motion of the attorney for the Commonwealth shall order all recorded 14
interviews that are introduced into evidence or are in the possession of the 15
children's advocacy center, law enforcement, the prosecution, or the court to 16
be sealed. 17
(d) The provisions of this subsection shall not be construed as to contravene the 18
Rules of Criminal Procedure relating to discovery. 19
(11) Identifying information concerning the individual initiating the report under KRS 20
620.030 shall not be disclosed except: 21
(a) To law enforcement officials that have a legitimate interest in the case; 22
(b) To the agency designated by the cabinet to investigate or assess the report; 23
(c) To members of multidisciplinary teams as defined by KRS 620.020 that 24
operated under KRS 431.600 25
(d) Under a court order, after the court has conducted an in camera review of the 26
record of the state related to the report and has found reasonable cause to 27 UNOFFICIAL COPY 24 RS HB 271/GA
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believe that the reporter knowingly made a false report; or 1
(e) The external child fatality and near fatality review panel established by KRS 2
620.055. 3
(12) (a) Information may be publicly disclosed by the cabinet in a case where child 4
abuse or neglect has resulted in a child fatality or near fatality. 5
(b) The cabinet shall conduct an internal review of any case where child abuse or 6
neglect has resulted in a child fatality or near fatality and the cabinet had prior 7
involvement with the child or family. The cabinet shall prepare a summary 8
that includes an account of: 9
1. The cabinet's actions and any policy or personnel changes taken or to be 10
taken, including the results of appeals, as a result of the findings from 11
the internal review; and 12
2. Any cooperation, assistance, or information from any agency of the state 13
or any other agency, institution, or facility providing services to the 14
child or family that were requested and received by the cabinet during 15
the investigation of a child fatality or near fatality. 16
(c) The cabinet shall submit a report by September 1 of each year containing an 17
analysis of all summaries of internal reviews occurring during the previous 18
year and an analysis of historical trends to the Governor, the General 19
Assembly, and the state child fatality review team created under KRS 20
211.684. 21
(13) When an adult who is the subject of information made confidential by subsection 22
(5) of this section publicly reveals or causes to be revealed any significant part of 23
the confidential matter or information, the confidentiality afforded by subsection (5) 24
of this section is presumed voluntarily waived, and confidential information and 25
records about the person making or causing the public disclosure, not already 26
disclosed but related to the information made public, may be disclosed if disclosure 27 UNOFFICIAL COPY 24 RS HB 271/GA
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is in the best interest of the child or is necessary for the administration of the 1
cabinet's duties under this chapter. 2
(14) As a result of any report of suspected child abuse or neglect, photographs and X-3
rays or other appropriate medical diagnostic procedures may be taken or caused to 4
be taken, without the consent of the parent or other person exercising custodial 5
control or supervision of the child, as a part of the medical evaluation or 6
investigation of these reports. These photographs and X-rays or results of other 7
medical diagnostic procedures may be introduced into evidence in any subsequent 8
judicial proceedings or an administrative hearing conducted by the cabinet or its 9
designee in accordance with KRS Chapter 13B in an appeal of a cabinet-10
substantiated finding of child abuse or neglect. The person performing the 11
diagnostic procedures or taking photographs or X-rays shall be immune from 12
criminal or civil liability for having performed the act. Nothing herein shall limit 13
liability for negligence. 14
(15) In accordance with 42 U.S.C. sec. 671, the cabinet shall share information about a 15
child in the custody of the cabinet with a relative or a parent of the child's sibling 16
for the purposes of: 17
(a) Evaluating or arranging a placement for the child; 18
(b) Arranging appropriate treatment services for the child; or 19
(c) Establishing visitation between the child and a relative, including a sibling of 20
the child. 21
(16) In accordance with 42 U.S.C. sec. 671, the cabinet shall, in the case of siblings 22
removed from their home who are not jointly placed, provide for frequent visitation 23
or other ongoing interaction between the siblings, unless the cabinet determines that 24
frequent visitation or other ongoing interaction would be contrary to the safety or 25
well-being of any of the siblings. 26
SECTION 8. A NEW SECTION OF KRS CHAPTER 620 IS CREATED TO 27 UNOFFICIAL COPY 24 RS HB 271/GA
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READ AS FOLLOWS: 1
(1) During a child protective services investigation conducted pursuant to the 2
authority in this chapter where a child is placed outside of his or her home on a 3
safety plan, the cabinet shall file a petition in court within seventy-two (72) hours 4
if the child remains placed outside of his or her home for more than fourteen (14) 5
consecutive days. 6
(2) All safety plans implemented pursuant to this section shall be compiled by the 7
cabinet on a quarterly basis into a report containing at a minimum the total 8
number of safety plans, the outcome of the safety plans, and the number of court 9
petitions filed. 10
(3) By December 1, 2024, and quarterly thereafter, the cabinet shall make available, 11
on its website and to the Legislative Research Commission for referral to the 12
Interim Joint Committee, Senate Standing Committee, and House Standing 13
Committee on Families and Children, the report on safety plans established in 14
subsection (2) of this section. 15