CHAPTER 144
Legislative Research Commission PDF Version
1
CHAPTER 144
( HB 271 )
AN ACT relating to child abuse.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 600.020 is amended to read as follows:
As used in KRS Chapters 600 to 645, unless the context otherwise requires:
(1) "Abused or neglected child" means a child whose health or welfare is harmed or threatened with harm when:
(a) His or her parent, guardian, person in a position of authority or special trust, as defined in KRS 532.045,
or other person exercising custodial control or supervision of the child:
1. Inflicts or allows to be inflicted upon the child physical or emotional injury as defined in this
section by other than accidental means;
2. Creates or allows to be created a risk of physical or emotional injury as defined in this section to
the child by other than accidental means;
3. Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and
ongoing needs of the child, including but not limited to parental incapacity due to a substance use
disorder as defined in KRS 222.005;
4. Continuously or repeatedly fails or refuses to provide essential parental care and protection for
the child, considering the age of the child;
5. Commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution
upon the child;
6. Creates or allows to be created a risk that an act of sexual abuse, sexual exploitation, or
prostitution will be committed upon the child;
7. Abandons or exploits the child;
8. Does not provide the child with adequate care, supervision, food, clothing, shelter, and education
or medical care necessary for the child's well-being when financially able to do so or offered
financial or other means to do so. A parent or other person exercising custodial control or
supervision of the child legitimately practicing the person's religious beliefs shall not be
considered a negligent parent solely because of failure to provide specified medical treatment for
a child for that reason alone. This exception shall not preclude a court from ordering necessary
medical services for a child;
9. Fails to make sufficient progress toward identified goals as set forth in the court-approved case
plan to allow for the safe return of the child to the parent that results in the child remaining
committed to the cabinet and remaining in foster care for fifteen (15) cumulative months out of
forty-eight (48) months; or
10. Commits or allows female genital mutilation as defined in KRS 508.125 to be committed; or
(b) A person twenty-one (21) years of age or older commits or allows to be committed an act of sexual
abuse, sexual exploitation, or prostitution upon a child less than sixteen (16) years of age;
(2) "Age or developmentally appropriate" has the same meaning as in 42 U.S.C. sec. 675(11);
(3) "Aggravated circumstances" means the existence of one (1) or more of the following conditions:
(a) The parent has not attempted or has not had contact with the child for a period of not less than ninety
(90) days;
(b) The parent is incarcerated and will be unavailable to care for the child for a period of at least one (1)
year from the date of the child's entry into foster care and there is no appropriate relative placement
available during this period of time;
(c) The parent has sexually abused the child and has refused available treatment; ACTS OF THE GENERAL ASSEMBLY 2
(d) The parent has been found by the cabinet to have engaged in abuse of the child that required removal
from the parent's home two (2) or more times in the past two (2) years; or
(e) The parent has caused the child serious physical injury;
(4) "Beyond the control of parents" means a child who has repeatedly failed to follow the reasonable directives of
his or her parents, legal guardian, or person exercising custodial control or supervision other than a state
agency, which behavior results in danger to the child or others, and which behavior does not constitute
behavior that would warrant the filing of a petition under KRS Chapter 645;
(5) "Beyond the control of school" means any child who has been found by the court to have repeatedly violated
the lawful regulations for the government of the school as provided in KRS 158.150, and as documented in
writing by the school as a part of the school's petition or as an attachment to the school's petition. The petition
or attachment shall describe the student's behavior and all intervention strategies attempted by the school;
(6) "Boarding home" means a privately owned and operated home for the boarding and lodging of individuals
which is approved by the Department of Juvenile Justice or the cabinet for the placement of children
committed to the department or the cabinet;
(7) "Cabinet" means the Cabinet for Health and Family Services;
(8) "Certified juvenile facility staff" means individuals who meet the qualifications of, and who have completed a
course of education and training in juvenile detention developed and approved by, the Department of Juvenile
Justice after consultation with other appropriate state agencies;
(9) "Child" means any person who has not reached his or her eighteenth birthday, unless otherwise provided;
(10) "Child-caring facility" means any facility or group home other than a state facility, Department of Juvenile
Justice contract facility or group home, or one certified by an appropriate agency as operated primarily for
educational or medical purposes, providing residential care on a twenty-four (24) hour basis to children not
related by blood, adoption, or marriage to the person maintaining the facility;
(11) "Child-placing agency" means any agency, other than a state agency, which supervises the placement of
children in foster family homes or child-caring facilities or which places children for adoption;
(12) "Clinical treatment facility" means a facility with more than eight (8) beds designated by the Department of
Juvenile Justice or the cabinet for the treatment of mentally ill children. The treatment program of such
facilities shall be supervised by a qualified mental health professional;
(13) "Commitment" means an order of the court which places a child under the custodial control or supervision of
the Cabinet for Health and Family Services, Department of Juvenile Justice, or another facility or agency until
the child attains the age of eighteen (18) unless otherwise provided by law;
(14) "Community-based facility" means any nonsecure, homelike facility licensed, operated, or permitted to
operate by the Department of Juvenile Justice or the cabinet, which is located within a reasonable proximity of
the child's family and home community, which affords the child the opportunity, if a Kentucky resident, to
continue family and community contact;
(15) "Complaint" means a verified statement setting forth allegations in regard to the child which contain sufficient
facts for the formulation of a subsequent petition;
(16) "Court" means the juvenile session of District Court unless a statute specifies the adult session of District
Court or the Circuit Court;
(17) "Court-designated worker" means that organization or individual delegated by the Administrative Office of the
Courts for the purposes of placing children in alternative placements prior to arraignment, conducting
preliminary investigations, and formulating, entering into, and supervising diversion agreements and
performing such other functions as authorized by law or court order;
(18) "Deadly weapon" has the same meaning as it does in KRS 500.080;
(19) "Department" means the Department for Community Based Services;
(20) "Dependent child" means any child, other than an abused or neglected child, who is under improper care,
custody, control, or guardianship that is not due to an intentional act of the parent, guardian, or person
exercising custodial control or supervision of the child; CHAPTER 144
Legislative Research Commission PDF Version
3
(21) "Detention" means the safe and temporary custody of a juvenile who is accused of conduct subject to the
jurisdiction of the court who requires a restricted or closely supervised environment for his or her own or the
community's protection;
(22) "Detention hearing" means a hearing held by a judge or trial commissioner within twenty-four (24) hours,
exclusive of weekends and holidays, of the start of any period of detention prior to adjudication;
(23) "Diversion agreement" means a mechanism designed to hold a child accountable for his or her behavior and, if
appropriate, securing services to serve the best interest of the child and to provide redress for that behavior
without court action and without the creation of a formal court record;
(24) "Eligible youth" means a person who:
(a) Is or has been committed to the cabinet as dependent, neglected, or abused;
(b) Is eighteen (18) years of age to nineteen (19) years of age; and
(c) Is requesting to extend or reinstate his or her commitment to the cabinet in order to participate in state
or federal educational programs or to establish independent living arrangements;
(25) "Emergency shelter" is a group home, private residence, foster home, or similar homelike facility which
provides temporary or emergency care of children and adequate staff and services consistent with the needs of
each child;
(26) "Emotional injury" means an injury to the mental or psychological capacity or emotional stability of a child as
evidenced by a substantial and observable impairment in the child's ability to function within a normal range
of performance and behavior with due regard to his or her age, development, culture, and environment as
testified to by a qualified mental health professional;
(27) "Evidence-based practices" means policies, procedures, programs, and practices proven by scientific research
to reliably produce reductions in recidivism;
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage to a child, but who has an
emotionally significant relationship with the child, or an emotionally significant relationship with a biological
parent, siblings, or half-siblings of the child in the case of a child from birth to twelve (12) months of age,
prior to placement;
(29) "Firearm" shall have the same meaning as in KRS 237.060 and 527.010;
(30) "Foster family home" means a private home in which children are placed for foster family care under
supervision of the cabinet or a licensed child-placing agency;
(31) "Graduated sanction" means any of a continuum of accountability measures, programs, and sanctions, ranging
from less restrictive to more restrictive in nature, that may include but are not limited to:
(a) Electronic monitoring;
(b) Drug and alcohol screening, testing, or monitoring;
(c) Day or evening reporting centers;
(d) Reporting requirements;
(e) Community service; and
(f) Rehabilitative interventions such as family counseling, substance abuse treatment, restorative justice
programs, and behavioral or mental health treatment;
(32) "Habitual runaway" means any child who has been found by the court to have been absent from his or her
place of lawful residence without the permission of his or her custodian for at least three (3) days during a one
(1) year period;
(33) "Habitual truant" means any child who has been found by the court to have been reported as a truant as defined
in KRS 159.150(1) two (2) or more times during a one (1) year period;
(34) "Hospital" means, except for purposes of KRS Chapter 645, a licensed private or public facility, health care
facility, or part thereof, which is approved by the cabinet to treat children; ACTS OF THE GENERAL ASSEMBLY 4
(35) "Independent living" means those activities necessary to assist a committed child to establish independent
living arrangements;
(36) "Informal adjustment" means an agreement reached among the parties, with consultation, but not the consent,
of the victim of the crime or other persons specified in KRS 610.070 if the victim chooses not to or is unable
to participate, after a petition has been filed, which is approved by the court, that the best interest of the child
would be served without formal adjudication and disposition;
(37) "Intentionally" means, with respect to a result or to conduct described by a statute which defines an offense,
that the actor's conscious objective is to cause that result or to engage in that conduct;
(38) "Least restrictive alternative" means, except for purposes of KRS Chapter 645, that the program developed on
the child's behalf is no more harsh, hazardous, or intrusive than necessary; or involves no restrictions on
physical movements nor requirements for residential care except as reasonably necessary for the protection of
the child from physical injury; or protection of the community, and is conducted at the suitable available
facility closest to the child's place of residence to allow for appropriate family engagement;
(39) "Motor vehicle offense" means any violation of the nonfelony provisions of KRS Chapters 186, 189, or 189A,
KRS 177.300, 304.39-110, or 304.39-117;
(40) "Near fatality" means an injury that, as certified by a physician, places a child in serious or critical condition;
(41) "Needs of the child" means necessary food, clothing, health, shelter, and education;
(42) "Nonoffender" means a child alleged to be dependent, neglected, or abused and who has not been otherwise
charged with a status or public offense;
(43) "Nonsecure facility" means a facility which provides its residents access to the surrounding community and
which does not rely primarily on the use of physically restricting construction and hardware to restrict
freedom;
(44) "Nonsecure setting" means a nonsecure facility or a residential home, including a child's own home, where a
child may be temporarily placed pending further court action. Children before the court in a county that is
served by a state operated secure detention facility, who are in the detention custody of the Department of
Juvenile Justice, and who are placed in a nonsecure alternative by the Department of Juvenile Justice, shall be
supervised by the Department of Juvenile Justice;
(45) "Out-of-home placement" means a placement other than in the home of a parent, relative, or guardian, in a
boarding home, clinical treatment facility, community-based facility, detention facility, emergency shelter,
fictive kin home, foster family home, hospital, nonsecure facility, physically secure facility, residential
treatment facility, or youth alternative center;
(46) "Parent" means the biological or adoptive mother or father of a child;
(47) "Person exercising custodial control or supervision" means a person or agency that has assumed the role and
responsibility of a parent or guardian for the child, but that does not necessarily have legal custody of the
child;
(48) "Petition" means a verified statement, setting forth allegations in regard to the child, which initiates formal
court involvement in the child's case;
(49) "Physical injury" means substantial physical pain or any impairment of physical condition;
(50) "Physically secure facility" means a facility that relies primarily on the use of construction and hardware such
as locks, bars, and fences to restrict freedom;
(51) "Public offense action" means an action, excluding contempt, brought in the interest of a child who is accused
of committing an offense under KRS Chapter 527 or a public offense which, if committed by an adult, would
be a crime, whether the same is a felony, misdemeanor, or violation, other than an action alleging that a child
sixteen (16) years of age or older has committed a motor vehicle offense;
(52) "Qualified mental health professional" means:
(a) A physician licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical
officer of the government of the United States while engaged in the performance of official duties;
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical
officer of the government of the United States while engaged in the practice of official duties, and who CHAPTER 144
Legislative Research Commission PDF Version
5
is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology,
Inc.;
(c) A psychologist with the health service provider designation, a psychological practitioner, a certified
psychologist, or a psychological associate licensed under the provisions of KRS Chapter 319;
(d) A licensed registered nurse with a master's degree in psychiatric nursing from an accredited institution
and two (2) years of clinical experience with mentally ill persons, or a licensed registered nurse with a
bachelor's degree in nursing from an accredited institution who is certified as a psychiatric and mental
health nurse by the American Nurses Association and who has three (3) years of inpatient or outpatient
clinical experience in psychiatric nursing and who is currently employed by a hospital or forensic
psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital, a private
agency or company engaged in providing mental health services, or a regional comprehensive care
center;
(e) A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social
worker licensed under the provisions of KRS 335.080 with three (3) years of inpatient or outpatient
clinical experience in psychiatric social work and currently employed by a hospital or forensic
psychiatric facility licensed by the Commonwealth, a psychiatric unit of a general hospital, a private
agency or company engaged in providing mental health services, or a regional comprehensive care
center;
(f) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3)
years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently
employed by a hospital or forensic psychiatric facility licensed by the Commonwealth, a psychiatric
unit of a general hospital, a private agency or company engaged in providing mental health services, or
a regional comprehensive care center;
(g) A professional counselor credentialed under the provisions of KRS 335.500 to 335.599 with three (3)
years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently
employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a
general hospital, a private agency or company engaged in providing mental health services, or a
regional comprehensive care center; or
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one (1) of the following
requirements:
1. Provides documentation that he or she has completed a psychiatric residency program for
physician assistants;
2. Has completed at least one thousand (1,000) hours of clinical experience under a supervising
physician, as defined by KRS 311.840, who is a psychiatrist and is certified or eligible for
certification by the American Board of Psychiatry and Neurology, Inc.;
3. Holds a master's degree from a physician assistant program accredited by the Accreditation
Review Commission on Education for the Physician Assistant or its predecessor or successor
agencies, is practicing under a supervising physician as defined by KRS 311.840, and:
a. Has two (2) years of clinical experience in the assessment, evaluation, and treatment of
mental disorders; or
b. Has been employed by a hospital or forensic psychiatric facility licensed by the
Commonwealth or a psychiatric unit of a general hospital or a private agency or company
engaged in the provision of mental health services or a regional community program for
mental health and individuals with an intellectual disability for at least two (2) years; or
4. Holds a bachelor's degree, possesses a current physician assistant certificate issued by the board
prior to July 15, 2002, is practicing under a supervising physician as defined by KRS 311.840,
and:
a. Has three (3) years of clinical experience in the assessment, evaluation, and treatment of
mental disorders; or
b. Has been employed by a hospital or forensic psychiatric facility licensed by the
Commonwealth or a psychiatric unit of a general hospital or a private agency or company ACTS OF THE GENERAL ASSEMBLY 6
engaged in the provision of mental health services or a regional community program for
mental health and individuals with an intellectual disability for at least three (3) years;
(53) "Reasonable and prudent parent standard" has the same meaning as in 42 U.S.C. sec. 675(10);
(54) "Residential treatment facility" means a facility or group home with more than eight (8) beds designated by the
Department of Juvenile Justice or the cabinet for the treatment of children;
(55) "Retain in custody" means, after a child has been taken into custody, the continued holding of the child by a
peace officer for a period of time not to exceed twelve (12) hours when authorized by the court or the court-
designated worker for the purpose of making preliminary inquiries;
(56) "Risk and needs assessment" means an actuarial tool scientifically proven to identify specific factors and needs
that are related to delinquent and noncriminal misconduct;
(57) "Safety plan" means a written agreement developed by the cabinet and agreed to by a family that clearly
describes the protective services that the cabinet will provide the family in order to manage threats to a
child's safety;
(58) "School personnel" means those certified persons under the supervision of the local public or private education
agency;
(59)[(58)] "Secretary" means the secretary of the Cabinet for Health and Family Services;
(60)[(59)] "Secure juvenile detention facility" means any physically secure facility used for the secure detention of
children other than any facility in which adult prisoners are confined;
(61)[(60)] "Serious physical injury" means physical injury which creates a substantial risk of death or which
causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment
of the function of any bodily member or organ;
(62)[(61)] "Sexual abuse" includes but is not necessarily limited to any contacts or interactions in which the
parent, guardian, person in a position of authority or special trust, as defined in KRS 532.045, or other person
having custodial control or supervision of the child or responsibility for his or her welfare, uses or allows,
permits, or encourages the use of the child for the purposes of the sexual stimulation of the perpetrator or
another person;
(63)[(62)] "Sexual exploitation" includes but is not limited to a situation in which a parent, guardian, person in a
position of authority or special trust, as defined in KRS 532.045, or other person having custodial control or
supervision of a child or responsible for his or her welfare, allows, permits, or encourages the child to engage
in an act which constitutes prostitution under Kentucky law; or a parent, guardian, person in a position of
authority or special trust, as defined in KRS 532.045, or other person having custodial control or supervision
of a child or responsible for his or her welfare, allows, permits, or encourages the child to engage in an act of
obscene or pornographic photographing, filming, or depicting of a child as provided for under Kentucky law;
(64)[(63)] "Social service worker" means any employee of the cabinet or any private agency designated as such by
the secretary of the cabinet or a social worker employed by a county or city who has been approved by the
cabinet to provide, under its supervision, services to families and children;
(65)[(64)] "Staff secure facility for residential treatment" means any setting which assures that all entrances and
exits are under the exclusive control of the facility staff, and in which a child may reside for the purpose of
receiving treatment;
(66) "Statewide reporting system" means a system for making and compiling reports of child dependency,
neglect, and abuse in Kentucky made via telephone call or in writing by a member of the public;
(67)[(65)] (a) "Status offense action" is any action brought in the interest of a child who is accused of
committing acts, which if committed by an adult, would not be a crime. Such behavior shall not be
considered criminal or delinquent and such children shall be termed status offenders. Status offenses
shall include:
1. Beyond the control of school or beyond the control of parents;
2. Habitual runaway;
3. Habitual truant; and
4. Alcohol offenses as provided in KRS 244.085. CHAPTER 144
Legislative Research Commission PDF Version
7
(b) Status offenses shall not include violations of state or local ordinances which may apply to children
such as a violation of curfew;
(68)[(66)] "Take into custody" means the procedure by which a peace officer or other authorized person initially
assumes custody of a child. A child may be taken into custody for a period of time not to exceed two (2) hours;
(69)[(67)] "Transitional living support" means all benefits to which an eligible youth is entitled upon being
granted extended or reinstated commitment to the cabinet by the court;
(70)[(68)] "Transition plan" means a plan that is personalized at the direction of the youth that:
(a) Includes specific options on housing, health insurance, education, local opportunities for mentors and
continuing support services, and workforce supports and employment services; and
(b) Is as detailed as the youth may elect;
(71)[(69)] "Valid court order" means a court order issued by a judge to a child alleged or found to be a status
offender:
(a) Who was brought before the court and made subject to the order;
(b) Whose future conduct was regulated by the order;
(c) Who was given written and verbal warning of the consequences of the violation of the order at the time
the order was issued and whose attorney or parent or legal guardian was also provided with a written
notice of the consequences of violation of the order, which notification is reflected in the record of the
court proceedings; and
(d) Who received, before the issuance of the order, the full due process rights guaranteed by the
Constitution of the United States;
(72)[(70)] "Violation" means any offense, other than a traffic infraction, for which a sentence of a fine only can be
imposed;
(73)[(71)] "Youth alternative center" means a nonsecure facility, approved by the Department of Juvenile Justice,
for the detention of juveniles, both prior to adjudication and after adjudication, which meets the criteria
specified in KRS 15A.320; and
(74)[(72)] "Youthful offender" means any person regardless of age, transferred to Circuit Court under the
provisions of KRS Chapter 635 or 640 and who is subsequently convicted in Circuit Court.
Section 2. KRS 620.023 is amended to read as follows:
(1) Evidence of the following circumstances if relevant shall be considered by the court in all proceedings
conducted pursuant to KRS Chapter 620 in which the court is required to render decisions in the best interest
of the child:
(a) Mental illness as defined in KRS 202A.011 or an intellectual disability as defined in KRS 202B.010 of
the parent, as attested to by a qualified mental health professional, which renders the parent unable to
care for the immediate and ongoing needs of the child;
(b) Acts of abuse or neglect as defined in KRS 600.020 toward any child;
(c) Substance use disorder, as defined in KRS 222.005, that results in an incapacity by the parent or
caretaker to provide essential care and protection for the child;
(d) A finding of domestic violence and abuse as defined in KRS 403.720, whether or not committed in the
presence of the child;
(e) Any other crime committed by a parent which results in the death or permanent physical or mental
disability of a member of that parent's family or household; and
(f) The existence of any guardianship or conservatorship of the parent pursuant to a determination of
disability or partial disability as made under KRS 387.500 to 387.770 and 387.990.
(2) In determining the best interest of the child, the court may consider the effectiveness of rehabilitative efforts
made by the parent or caretaker intended to address circumstances in this section. ACTS OF THE GENERAL ASSEMBLY 8
(3) In determining the best interest of the child, the court shall have access to the entire protection and
permanency record of the child that is prepared, owned, used, in the possession of, or retained by the
cabinet.
Section 3. KRS 620.030 is amended to read as follows:
(1) Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall
immediately cause an oral or written report, including but not limited to electronic submissions, to be made to
a local law enforcement agency or to the Department of Kentucky State Police, the cabinet or its designated
representative, the Commonwealth's attorney, or the county attorney by telephone or otherwise. If the cabinet
receives a report of abuse or neglect allegedly committed by a person other than a parent, guardian, fictive kin,
person in a position of authority, person in a position of special trust, or person exercising custodial control or
supervision, the cabinet shall refer the matter to the Commonwealth's attorney or the county attorney and the
local law enforcement agency or the Department of Kentucky State Police. Nothing in this section shall relieve
individuals of their obligations to report.
(2) (a) Any person, including but not limited to a physician, osteopathic physician, nurse, teacher, school
personnel, social worker, coroner, medical examiner, child-caring personnel, resident, intern,
chiropractor, dentist, optometrist, emergency medical technician, paramedic, health professional, mental
health professional, peace officer, or any organization or agency for any of the above, who knows or
has reasonable cause to believe that a child is dependent, neglected, or abused, regardless of whether the
person believed to have caused the dependency, neglect, or abuse is a parent, guardian, fictive kin,
person in a position of authority, person in a position of special trust, person exercising custodial
control or supervision, or another person, or who has attended such child as a part of his or her
professional duties, shall:
1. Immediately make an oral or written report, including but not limited to electronic submissions,
in accordance with subsection (1) of this section;
2. Immediately notify the supervisor of the institution, school, facility, agency, or designated agent
of the person in charge; and
3. If requested, in addition to the report required in subsection (1) or (3) of this section, file with the
local law enforcement agency or the Department of Kentucky State Police, the cabinet or its
designated representative, the Commonwealth's attorney, or county attorney within forty-eight
(48) hours of the original report a written report, including but not limited to electronic
submissions, containing:
a. The names and addresses of the child and his or her parents or other persons exercising
custodial control or supervision;
b. The child's age;
c. The nature and extent of the child's alleged dependency, neglect, or abuse, including any
previous charges of dependency, neglect, or abuse, to this child or his or her siblings;
d. The name and address of the person allegedly responsible for the abuse or neglect; and
e. Any other information that the person making the report believes may be helpful in the
furtherance of the purpose of this section.
(b) Upon notification, the supervisor or the designated agent, if any, shall facilitate the cooperation of the
institution, school, facility, or agency with the investigation of the report.
(c) Any person who knowingly causes intimidation, retaliation, or obstruction in the investigation of the
report shall be guilty of a Class A misdemeanor.
(d) This section shall not require more than one (1) report from any institution, school, facility, or agency.
(3) Any person who knows or has reasonable cause to believe that a child is a victim of human trafficking as
defined in KRS 529.010 shall immediately cause an oral or written report, including but not limited to
electronic submissions, to be made to a local law enforcement agency or the Department of Kentucky State
Police; or the cabinet or its designated representative; or the Commonwealth's attorney or the county attorney;
by telephone or otherwise. This subsection shall apply regardless of whether the person believed to have
caused the human trafficking of the child is a parent, guardian, fictive kin, person in a position of authority,
person in a position of special trust, or person exercising custodial control or supervision. CHAPTER 144
Legislative Research Commission PDF Version
9
(4) Any person who knows or has reasonable cause to believe that a child is a victim of female genital mutilation
as defined in KRS 508.125 shall immediately cause an oral or written report, including but not limited to
electronic submissions, to be made by telephone or otherwise to:
(a) A local law enforcement agency or the Department of Kentucky State Police;
(b) The cabinet or its designated representative; or
(c) The Commonwealth's attorney or the county attorney.
This subsection shall apply regardless of whether the person believed to have caused the female genital
mutilation of the child is a parent, guardian, or person exercising custodial control or supervision.
(5) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-
penitent privilege, shall be a ground for refusing to report under this section or for excluding evidence
regarding a dependent, neglected, or abused child or the cause thereof, in any judicial proceedings resulting
from a report pursuant to this section. This subsection shall also apply in any criminal proceeding in District or
Circuit Court regarding a dependent, neglected, or abused child.
(6) The cabinet shall establish and operate a statewide reporting system for the public to make reports of child
dependency, neglect, and abuse via telephone call or written report, including but not limited to electronic
submissions. The statewide reporting system shall operate a twenty-four (24) hour on-call response system
that includes but is not limited to a child abuse hotline for the receipt of emergency and nonemergency
reports of child dependency, neglect, and abuse during and after normal office hours. The cabinet may use
contract employees to operate the system.
(7) The cabinet upon request shall receive from any agency of the state or any other agency, institution, or facility
providing services to the child or his or her family, such cooperation, assistance, and information as will
enable the cabinet to fulfill its responsibilities under KRS 620.030, 620.040, and 620.050.
(8)[(7)] Nothing in this section shall limit the cabinet's investigatory authority under KRS 620.050 or any other
obligation imposed by law.
(9)[(8)] Any person who intentionally violates the provisions of this section shall be guilty of a:
(a) Class B misdemeanor for the first offense;
(b) Class A misdemeanor for the second offense; and
(c) Class D felony for each subsequent offense.
Section 4. KRS 620.032 is amended to read as follows:
(1) By November 1 of each year, beginning in 2021, the cabinet [for Health and Family Services ]shall submit to
the Legislative Research Commission a comprehensive report that does not identify individuals, detailing the
number of reports the cabinet has received regarding female genital mutilation as defined in KRS 508.125, the
number of reports in which the cabinet has investigated and determined that a child is the victim of female
genital mutilation, and the number of cases in which services were provided.
(2) Beginning August 1, 2024, and monthly thereafter, the cabinet shall deliver to the Legislative Research
Commission for referral to the Interim Joint Committee, Senate Standing Committee, and House Standing
Committee on Families and Children, a report on the monthly child protective services intakes received by
the cabinet. The monthly report shall include at a minimum the following:
(a) Total number of all intakes;
(b) All child protective services response intakes;
(c) Intakes with allegations of abuse and neglect;
(d) Reports that met acceptance criteria;
(e) Reports with a substantiated or services needed finding; and
(f) Reports with a substantiated finding.
Section 5. KRS 605.035 is amended to read as follows: ACTS OF THE GENERAL ASSEMBLY 10
(1) There is hereby created in each judicial district a family accountability, intervention, and response team that
shall develop enhanced case management plans and opportunities for services for children referred to the team.
The family accountability, intervention, and response team shall consist of not more than fifteen (15) persons.
(2) The membership of the team shall include the following representatives as appointed by their agencies or
organizations:
(a) A court-designated worker in that judicial circuit or district;
(b) One (1) or more members, one (1) of whom shall be a representative of the community mental health
center, of the regional interagency council specified in KRS 200.509(1)(a) to (d) and (g), or
corresponding members of the local interagency council if one exists;
(c) A representative from the cabinet knowledgeable about services available through the cabinet and
authorized to facilitate access to services;
(d) A representative from the office of a county attorney within the judicial district;
(e) A representative from the Department of Public Advocacy;
(f) A representative from a local public school within the judicial district;
(g) A representative of law enforcement; and
(h) Other persons interested in juvenile justice issues, as identified by the family accountability,
intervention, and response team, who are necessary for a complete representation of resources within
each judicial circuit or district.
(3) A court-designated worker from within the judicial circuit or district shall lead the team and be responsible for
convening and staffing the team.
(4) The team shall adopt a case management approach and process for reviewing:
(a) Referrals from the court-designated worker involving cases in which a child has failed to appear for a
preliminary intake inquiry, declined to enter into a diversion agreement, or failed to complete the terms
of the agreement; and
(b) Status offense cases if the court-designated worker, after reviewing the complaint, has determined that
no further action is necessary.
(5) After reviewing the actions taken by the court-designated worker, including referrals made for the child and
his or her family, efforts to address barriers to successful completion, and whether other appropriate services
are available to address the needs of the child and his or her family, the team may:
(a) Refer the case back to the court-designated worker to take further action as recommended by the team;
(b) Refer the case to the cabinet, which shall conduct an investigation of suspected dependency, neglect, or
abuse of a child as defined in Section 1 of this Act; or
(c) Advise the court-designated worker to refer the case to the county attorney if the team has no further
recommendations to offer.
Section 6. KRS 620.040 is amended to read as follows:
(1) (a) Upon receipt of a report alleging abuse or neglect of a child as defined in Section 1 of this Act by a
parent, guardian, fictive kin, person in a position of authority, person in a position of special trust, or
person exercising custodial control or supervision, pursuant to KRS 620.030(1) or (2), or a report
alleging a child is a victim of human trafficking pursuant to KRS 620.030(3), the recipient of the report
shall immediately notify the cabinet or its designated representative, the local law enforcement agency
or the Department of Kentucky State Police, and the Commonwealth's or county attorney of the receipt
of the report. If any agency listed above is the reporting source, the recipient shall immediately notify
the cabinet or its designated representative, the local law enforcement agency, the Department of
Kentucky State Police, and the Commonwealth's or county attorney of the receipt of the report.
(b) Based upon the allegation in the report, the cabinet shall immediately make an initial determination as
to the risk of harm and immediate safety of the child. Based upon the level of risk determined, the
cabinet shall investigate the allegation or accept the report for an assessment of family needs and, if
appropriate, may provide or make referral to any community-based services necessary to reduce risk to CHAPTER 144
Legislative Research Commission PDF Version
11
the child and to provide family support. A report of sexual abuse or human trafficking of a child shall
be considered high risk and shall not be referred to any other community agency.
(c) In making the initial determination as to the risk of harm and immediate safety of the child pursuant
to paragraph (b) of this subsection, the cabinet shall at a minimum:
1. Consider the age and vulnerability of a child, particularly for ages five (5) years of age and
under, when assessing allegations of abuse and neglect;
2. Automatically accept for investigation a subsequent report from a professional reporting
source, who makes a report pursuant to the requirements in KRS Chapter 620 that a child is
abused or neglected and identifies himself or herself by name, title, and employer, when the
same or similar allegation has been reported by one (1) or more unique professional reporting
sources within the past thirty (30) days. For the purposes of this subparagraph "professional
reporting source" means an individual who is a social worker, therapist, medical professional,
educator, judge, attorney, law enforcement officer, or any other individual holding a degree or
position in a field related to the safety and care of children; and
3. Automatically accept for investigation a report from a court of appropriate jurisdiction that
makes a report pursuant to the requirements in KRS Chapter 620 that a child is abused or
neglected or identifies that the child is a plaintiff in an active emergency protective order or
interpersonal protection order case.
(d) The cabinet shall, within seventy-two (72) hours, exclusive of weekends and holidays, make a written
report, including but not limited to electronic submissions, to the Commonwealth's or county attorney
and the local law enforcement agency or the Department of Kentucky State Police concerning the action
that has been taken on the investigation.
(e)[(d)] If the report alleges abuse or neglect by someone other than a parent, guardian, fictive kin,
person in a position of authority, person in a position of special trust, or person exercising custodial
control or supervision, or the human trafficking of a child, the cabinet shall immediately notify the
Commonwealth's or county attorney and the local law enforcement agency or the Department of
Kentucky State Police.
(2) (a) Upon receipt of a report alleging dependency pursuant to KRS 620.030(1) and (2), the recipient shall
immediately notify the cabinet or its designated representative.
(b) Based upon the allegation in the report, the cabinet shall immediately make an initial determination as
to the risk of harm and immediate safety of the child. Based upon the level of risk, the cabinet shall
investigate the allegation or accept the report for an assessment of family needs and, if appropriate, may
provide or make referral to any community-based services necessary to reduce risk to the child and to
provide family support. A report of sexual abuse or human trafficking of a child shall be considered
high risk and shall not be referred to any other community agency.
(c) In making the initial determination as to the risk of harm and immediate safety of the child pursuant
to paragraph (b) of this subsection, the cabinet shall at a minimum:
1. Consider the age and vulnerability of a child, particularly for ages five (5) years of age and
under, when assessing allegations of dependency;
2. Automatically accept for investigation a subsequent report from a professional reporting
source, who makes a report pursuant to the requirements in KRS Chapter 620 that a child is
dependent and identifies himself or herself by name, title, and employer, when the same or
similar allegation has been reported by one (1) or more unique professional reporting sources
within the past thirty (30) days. For the purposes of this subparagraph "professional reporting
source" means an individual who is a social worker, therapist, medical professional, educator,
judge, attorney, law enforcement officer, or any other individual holding a degree or position
in a field related to the safety and care of children; and
3. Automatically accept for investigation a report from a court of appropriate jurisdiction that
makes a report pursuant to the requirements in KRS Chapter 620 that a child is dependent or
identifies that the child is a plaintiff in an active emergency protective order or interpersonal
protection order case. ACTS OF THE GENERAL ASSEMBLY 12
(d) The cabinet need not notify the local law enforcement agency or the Department of Kentucky State
Police or Commonwealth's or county attorney of reports made under this subsection unless the report
involves the human trafficking of a child, in which case the notification shall be required.
(3) If the cabinet or its designated representative receives a report of abuse by a person other than a parent,
guardian, fictive kin, person in a position of authority, person in a position of special trust, or other person
exercising custodial control or supervision of a child, it shall immediately notify the local law enforcement
agency or the Department of Kentucky State Police and the Commonwealth's or county attorney of the receipt
of the report and its contents, and they shall investigate the matter. The cabinet or its designated representative
shall participate in an investigation of noncustodial physical abuse or neglect at the request of the local law
enforcement agency or the Department of Kentucky State Police. The cabinet shall participate in all
investigations of reported or suspected sexual abuse or human trafficking of a child.
(4) School personnel or other persons listed in KRS 620.030(2) do not have the authority to conduct internal
investigations in lieu of the official investigations outlined in this section.
(5) (a) If, after receiving the report, the law enforcement officer, the cabinet, or its designated representative
cannot gain admission to the location of the child, a search warrant shall be requested from, and may be
issued by, the judge to the appropriate law enforcement official upon probable cause that the child is
dependent, neglected, or abused. If, pursuant to a search under a warrant, a child is discovered and
appears to be in imminent danger, the child may be removed by the law enforcement officer.
(b) If a child who is in a hospital or under the immediate care of a physician appears to be in imminent
danger if he or she is returned to the persons having custody of him or her, the physician or hospital
administrator may hold the child without court order, provided that a request is made to the court for an
emergency custody order at the earliest practicable time, not to exceed seventy-two (72) hours.
(c) Any appropriate law enforcement officer may take a child into protective custody and may hold that
child in protective custody without the consent of the parent or other person exercising custodial control
or supervision if there exist reasonable grounds for the officer to believe that the child is in danger of
imminent death or serious physical injury, is being sexually abused, or is a victim of human trafficking
and that the parents or other person exercising custodial control or supervision are unable or unwilling
to protect the child. The officer or the person to whom the officer entrusts the child shall, within twelve
(12) hours of taking the child into protective custody, request the court to issue an emergency custody
order.
(d) When a law enforcement officer, hospital administrator, or physician takes a child into custody without
the consent of the parent or other person exercising custodial control or supervision, he or she shall
provide written notice to the parent or other person stating the reasons for removal of the child. Failure
of the parent or other person to receive notice shall not, by itself, be cause for civil or criminal liability.
(e) 1. If a report includes a child fatality or near fatality, and the law enforcement officer has
reasonable grounds to believe any parent or person exercising custodial control or supervision of
the child was under the influence of alcohol or drugs at the time the fatality or near fatality
occurred, the law enforcement officer shall request a test of blood, breath, or urine from that
person.
2. If, after making the request, consent is not given for the test of blood, breath, or urine, a search
warrant shall be requested from and may be issued by the judge to the appropriate law
enforcement official upon probable cause that a child fatality or near fatality has occurred and
that the person exercising custodial control or supervision of the child at the time of the fatality
or near fatality was under the influence.
3. Any test requested under this section shall be conducted pursuant to the testing procedures and
requirements in KRS 189A.103.
(6) To the extent practicable and when in the best interest of a child alleged to have been abused, interviews with
the child shall be conducted at a children's advocacy center.
(7) (a) One (1) or more multidisciplinary teams may be established in every county or group of contiguous
counties.
(b) Membership of the multidisciplinary team shall include but shall not be limited to social service
workers employed by the Cabinet for Health and Family Services and law enforcement officers.
Additional team members may include Commonwealth's and county attorneys, children's advocacy CHAPTER 144
Legislative Research Commission PDF Version
13
center staff, mental health professionals, medical professionals, victim advocates including advocates
for victims of human trafficking, educators, and other related professionals, as deemed appropriate.
(c) The multidisciplinary team shall review child sexual abuse cases and child human trafficking cases
involving commercial sexual activity referred by participating professionals, including those in which
the alleged perpetrator does not have custodial control or supervision of the child or is not responsible
for the child's welfare. The purpose of the multidisciplinary team shall be to review investigations,
assess service delivery, and to facilitate efficient and appropriate disposition of cases through the
criminal justice system.
(d) The team shall hold regularly scheduled meetings if new reports of sexual abuse or child human
trafficking cases involving commercial sexual activity are received or if active cases exist. At each
meeting, each active case shall be presented and the agencies' responses assessed.
(e) The multidisciplinary team shall provide an annual report to the public of nonidentifying case
information to allow assessment of the processing and disposition of child sexual abuse cases and child
human trafficking cases involving commercial sexual activity.
(f) Multidisciplinary team members and anyone invited by the multidisciplinary team to participate in a
meeting shall not divulge case information, including information regarding the identity of the victim or
source of the report. Team members and others attending meetings shall sign a confidentiality statement
that is consistent with statutory prohibitions on disclosure of this information.
(g) The multidisciplinary team shall, pursuant to KRS 431.600 and 431.660, develop a local protocol
consistent with the model protocol issued by the Kentucky Multidisciplinary Commission on Child
Sexual Abuse. The local team shall submit the protocol to the commission for review and approval.
(h) The multidisciplinary team review of a case may include information from reports generated by
agencies, organizations, or individuals that are responsible for investigation, prosecution, or treatment
in the case, KRS 610.320 to KRS 610.340 notwithstanding.
(i) To the extent practicable, multidisciplinary teams shall be staffed by the local children's advocacy
center.
(8) Nothing in this section shall limit the cabinet's investigatory authority under KRS 620.050 or any other
obligation imposed by law.
Section 7. KRS 620.050 is amended to read as follows:
(1) Anyone acting upon reasonable cause in the making of a report or acting under KRS 620.030 to 620.050 in
good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or
imposed. Any such participant shall have the same immunity with respect to participation in any judicial
proceeding resulting from such report or action. However, any person who knowingly makes a false report and
does so with malice shall be guilty of a Class A misdemeanor.
(2) Any employee or designated agent of a children's advocacy center shall be immune from any civil liability
arising from performance within the scope of the person's duties as provided in KRS 620.030 to 620.050. Any
such person shall have the same immunity with respect to participation in any judicial proceeding. Nothing in
this subsection shall limit liability for negligence. Upon the request of an employee or designated agent of a
children's advocacy center, the Attorney General shall provide for the defense of any civil action brought
against the employee or designated agent as provided under KRS 12.211 to 12.215.
(3) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-
penitent privilege, shall be a ground for refusing to report under this section or for excluding evidence
regarding a dependent, neglected, or abused child or the cause thereof, in any judicial proceedings resulting
from a report pursuant to this section. This subsection shall also apply in any criminal proceeding in District or
Circuit Court regarding a dependent, neglected, or abused child.
(4) Upon receipt of a report of an abused, neglected, or dependent child pursuant to this chapter, the cabinet as the
designated agency or its delegated representative shall initiate a prompt investigation or assessment of family
needs, take necessary action, and shall offer protective services toward safeguarding the welfare of the child.
The cabinet shall work toward preventing further dependency, neglect, or abuse of the child or any other child
under the same care, and preserve and strengthen family life, where possible, by enhancing parental capacity
for adequate child care. If an oral or written report, including but not limited to electronic submissions, ACTS OF THE GENERAL ASSEMBLY 14
alleging that a child is dependent, neglected, or abused is made pursuant to this section, and the cabinet
determines that the report does not meet criteria for an investigation, the cabinet shall refer the family to
appropriate community-based child and family service agencies for services to preserve and strengthen
family life in accordance with the requirements in 42 U.S.C. sec. 5106a.
(5) The report of suspected child abuse, neglect, or dependency and all information obtained by the cabinet or its
delegated representative, as a result of an investigation or assessment made pursuant to this chapter, except for
those records provided for in subsection (6) of this section, shall not be divulged to anyone except:
(a) Persons suspected of causing dependency, neglect, or abuse;
(b) The custodial parent or legal guardian of the child alleged to be dependent, neglected, or abused;
(c) Persons within the cabinet with a legitimate interest or responsibility related to the case;
(d) A licensed child-caring facility or child-placing agency evaluating placement for or serving a child who
is believed to be the victim of an abuse, neglect, or dependency report;
(e) Other medical, psychological, educational, or social service agencies, child care administrators,
corrections personnel, or law enforcement agencies, including the county attorney's office, the coroner,
and the local child fatality response team, that have a legitimate interest in the case;
(f) A noncustodial parent when the dependency, neglect, or abuse is substantiated;
(g) Members of multidisciplinary teams as defined by KRS 620.020 and which operate pursuant to KRS
431.600;
(h) Employees or designated agents of a children's advocacy center;
(i) Those persons so authorized by court order; or
(j) The external child fatality and near fatality review panel established by KRS 620.055.
(6) (a) Files, reports, notes, photographs, records, electronic and other communications, and working papers
used or developed by a children's advocacy center in providing services under this chapter are
confidential and shall not be disclosed except to the following persons:
1. Staff employed by the cabinet, law enforcement officers, and Commonwealth's and county
attorneys who are directly involved in the investigation or prosecution of the case, including a
cabinet investigation or assessment of child abuse, neglect, and dependency in accordance with
this chapter;
2. Medical and mental health professionals listed by name in a release of information signed by the
guardian of the child, provided that the information shared is limited to that necessary to promote
the physical or psychological health of the child or to treat the child for abuse-related symptoms;
3. The court and those persons so authorized by a court order;
4. The external child fatality and near fatality review panel established by KRS 620.055; and
5. The parties to an administrative hearing conducted by the cabinet or its designee in accordance
with KRS Chapter 13B in an appeal of a cabinet-substantiated finding of abuse or neglect. The
children's advocacy center may, in its sole discretion, provide testimony in lieu of files, reports,
notes, photographs, records, electronic and other communications, and working papers used or
developed by the center if the center determines that the release poses a threat to the safety or
well-being of the child, or would be in the best interests of the child. Following the
administrative hearing and any judicial review, the parties to the administrative hearing shall
return all files, reports, notes, photographs, records, electronic and other communications, and
working papers used or developed by the children's advocacy center to the center.
(b) The provisions of this subsection shall not be construed as to contravene the Rules of Criminal
Procedure relating to discovery.
(7) Nothing in this section shall prohibit a parent or guardian from accessing records for his or her child providing
that the parent or guardian is not currently under investigation by a law enforcement agency or the cabinet
relating to the abuse or neglect of a child.
(8) Nothing in this section shall prohibit employees or designated agents of a children's advocacy center from
disclosing information during a multidisciplinary team review of a child sexual abuse case as set forth under CHAPTER 144
Legislative Research Commission PDF Version
15
KRS 620.040. Persons receiving this information shall sign a confidentiality statement consistent with
statutory prohibitions on disclosure of this information.
(9) Employees or designated agents of a children's advocacy center may confirm to another children's advocacy
center that a child has been seen for services. If an information release has been signed by the guardian of the
child, a children's advocacy center may disclose relevant information to another children's advocacy center.
(10) (a) An interview of a child recorded at a children's advocacy center shall not be duplicated, except that the
Commonwealth's or county attorney prosecuting the case may:
1. Make and retain one (1) copy of the interview; and
2. Make one (1) copy for the defendant's or respondent's counsel that the defendant's or
respondent's counsel shall not duplicate.
(b) The defendant's or respondent's counsel shall file the copy with the court clerk at the close of the case.
(c) Unless objected to by the victim or victims, the court, on its own motion, or on motion of the attorney
for the Commonwealth shall order all recorded interviews that are introduced into evidence or are in the
possession of the children's advocacy center, law enforcement, the prosecution, or the court to be
sealed.
(d) The provisions of this subsection shall not be construed as to contravene the Rules of Criminal
Procedure relating to discovery.
(11) Identifying information concerning the individual initiating the report under KRS 620.030 shall not be
disclosed except:
(a) To law enforcement officials that have a legitimate interest in the case;
(b) To the agency designated by the cabinet to investigate or assess the report;
(c) To members of multidisciplinary teams as defined by KRS 620.020 that operated under KRS 431.600
(d) Under a court order, after the court has conducted an in camera review of the record of the state related
to the report and has found reasonable cause to believe that the reporter knowingly made a false report;
or
(e) The external child fatality and near fatality review panel established by KRS 620.055.
(12) (a) Information may be publicly disclosed by the cabinet in a case where child abuse or neglect has resulted
in a child fatality or near fatality.
(b) The cabinet shall conduct an internal review of any case where child abuse or neglect has resulted in a
child fatality or near fatality and the cabinet had prior involvement with the child or family. The cabinet
shall prepare a summary that includes an account of:
1. The cabinet's actions and any policy or personnel changes taken or to be taken, including the
results of appeals, as a result of the findings from the internal review; and
2. Any cooperation, assistance, or information from any agency of the state or any other agency,
institution, or facility providing services to the child or family that were requested and received
by the cabinet during the investigation of a child fatality or near fatality.
(c) The cabinet shall submit a report by September 1 of each year containing an analysis of all summaries
of internal reviews occurring during the previous year and an analysis of historical trends to the
Governor, the General Assembly, and the state child fatality review team created under KRS 211.684.
(13) When an adult who is the subject of information made confidential by subsection (5) of this section publicly
reveals or causes to be revealed any significant part of the confidential matter or information, the
confidentiality afforded by subsection (5) of this section is presumed voluntarily waived, and confidential
information and records about the person making or causing the public disclosure, not already disclosed but
related to the information made public, may be disclosed if disclosure is in the best interest of the child or is
necessary for the administration of the cabinet's duties under this chapter.
(14) As a result of any report of suspected child abuse or neglect, photographs and X-rays or other appropriate
medical diagnostic procedures may be taken or caused to be taken, without the consent of the parent or other
person exercising custodial control or supervision of the child, as a part of the medical evaluation or ACTS OF THE GENERAL ASSEMBLY 16
investigation of these reports. These photographs and X-rays or results of other medical diagnostic procedures
may be introduced into evidence in any subsequent judicial proceedings or an administrative hearing
conducted by the cabinet or its designee in accordance with KRS Chapter 13B in an appeal of a cabinet-
substantiated finding of child abuse or neglect. The person performing the diagnostic procedures or taking
photographs or X-rays shall be immune from criminal or civil liability for having performed the act. Nothing
herein shall limit liability for negligence.
(15) In accordance with 42 U.S.C. sec. 671, the cabinet shall share information about a child in the custody of the
cabinet with a relative or a parent of the child's sibling for the purposes of:
(a) Evaluating or arranging a placement for the child;
(b) Arranging appropriate treatment services for the child; or
(c) Establishing visitation between the child and a relative, including a sibling of the child.
(16) In accordance with 42 U.S.C. sec. 671, the cabinet shall, in the case of siblings removed from their home who
are not jointly placed, provide for frequent visitation or other ongoing interaction between the siblings, unless
the cabinet determines that frequent visitation or other ongoing interaction would be contrary to the safety or
well-being of any of the siblings.
SECTION 8. A NEW SECTION OF KRS CHAPTER 620 IS CREATED TO READ AS FOLLOWS:
(1) During a child protective services investigation conducted pursuant to the authority in this chapter where a
child is placed outside of his or her home on a safety plan, the cabinet shall file a petition in court within
seventy-two (72) hours if the child remains placed outside of his or her home for more than fourteen (14)
consecutive days.
(2) All safety plans implemented pursuant to this section shall be compiled by the cabinet on a quarterly basis
into a report containing at a minimum the total number of safety plans, the outcome of the safety plans, and
the number of court petitions filed.
(3) By December 1, 2024, and quarterly thereafter, the cabinet shall make available, on its website and to the
Legislative Research Commission for referral to the Interim Joint Committee, Senate Standing Committee,
and House Standing Committee on Families and Children, the report on safety plans established in
subsection (2) of this section.
Signed by Governor April 9, 2024.