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AN ACT relating to parental rights. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 620.050 is amended to read as follows: 3
(1) Anyone acting upon reasonable cause in the making of a report or acting under 4
KRS 620.030 to 620.050 in good faith shall have immunity from any liability, civil 5
or criminal, that might otherwise be incurred or imposed. Any such participant shall 6
have the same immunity with respect to participation in any judicial proceeding 7
resulting from such report or action. However, any person who knowingly makes a 8
false report and does so with malice shall be guilty of a Class A misdemeanor. 9
(2) Any employee or designated agent of a children's advocacy center shall be immune 10
from any civil liability arising from performance within the scope of the person's 11
duties as provided in KRS 620.030 to 620.050. Any such person shall have the 12
same immunity with respect to participation in any judicial proceeding. Nothing in 13
this subsection shall limit liability for negligence. Upon the request of an employee 14
or designated agent of a children's advocacy center, the Attorney General shall 15
provide for the defense of any civil action brought against the employee or 16
designated agent as provided under KRS 12.211 to 12.215. 17
(3) Neither the husband-wife nor any professional-client/patient privilege, except the 18
attorney-client and clergy-penitent privilege, shall be a ground for refusing to report 19
under this section or for excluding evidence regarding a dependent, neglected, or 20
abused child or the cause thereof, in any judicial proceedings resulting from a report 21
pursuant to this section. This subsection shall also apply in any criminal proceeding 22
in District or Circuit Court regarding a dependent, neglected, or abused child. 23
(4) Upon receipt of a report of an abused, neglected, or dependent child pursuant to this 24
chapter, the cabinet as the designated agency or its delegated representative shall 25
initiate a prompt investigation or assessment of family needs, take necessary action, 26
and shall offer protective services toward safeguarding the welfare of the child. The 27 UNOFFICIAL COPY 24 RS BR 1000
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cabinet shall work toward preventing further dependency, neglect, or abuse of the 1
child or any other child under the same care, and preserve and strengthen family 2
life, where possible, by enhancing parental capacity for adequate child care. 3
(5) Except as provided in subsection (6) of this section, upon initial contact with the 4
family, the cabinet or its delegated representative shall advise the parent, both 5
orally or in writing, of his or her rights including: 6
(a) The parent is not required, unless ordered by a court, to permit the cabinet 7
or its delegated representative to enter the residence; 8
(b) The parent who is the subject of the investigation is entitled to be informed 9
of the allegations that the cabinet is investigating; 10
(c) The parent is not required, unless ordered by a court, to speak with the 11
cabinet or its delegated representative, and any statement made by the 12
parent or other family member may be used against the parent in a court 13
proceeding; 14
(d) The parent is entitled to seek the advice of an attorney and to have an 15
attorney present when the parent is questioned by the cabinet or its 16
delegated representative; 17
(e) The parent is not required, unless ordered by a court, to allow the cabinet or 18
its delegated representative to interview or examine a child; and 19
(f) The parent is not required, unless ordered by a court, to agree to any 20
requests made by the cabinet or its delegated representative, including but 21
not limited to requests to sign a release of information, to take a drug or 22
alcohol test, or to submit to a mental health evaluation. 23
(6) If, upon initial contact, the cabinet or its delegated representative has reasonable 24
cause to believe that exigent circumstances exist that present an imminent danger 25
to the child's life or health and there is not time to seek a court order as required 26
by subsection (5) of this section, the cabinet or its delegated representative shall 27 UNOFFICIAL COPY 24 RS BR 1000
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take all lawful measures necessary to protect the child prior to disseminating 1
information regarding the parent's rights set forth subsection (5) of this section. 2
(7)[(5)] The report of suspected child abuse, neglect, or dependency and all 3
information obtained by the cabinet or its delegated representative, as a result of an 4
investigation or assessment made pursuant to this chapter, except for those records 5
provided for in subsection (8)[(6)] of this section, shall not be divulged to anyone 6
except: 7
(a) Persons suspected of causing dependency, neglect, or abuse; 8
(b) The custodial parent or legal guardian of the child alleged to be dependent, 9
neglected, or abused; 10
(c) Persons within the cabinet with a legitimate interest or responsibility related 11
to the case; 12
(d) A licensed child-caring facility or child-placing agency evaluating placement 13
for or serving a child who is believed to be the victim of an abuse, neglect, or 14
dependency report; 15
(e) Other medical, psychological, educational, or social service agencies, child 16
care administrators, corrections personnel, or law enforcement agencies, 17
including the county attorney's office, the coroner, and the local child fatality 18
response team, that have a legitimate interest in the case; 19
(f) A noncustodial parent when the dependency, neglect, or abuse is 20
substantiated; 21
(g) Members of multidisciplinary teams as defined by KRS 620.020 and which 22
operate pursuant to KRS 431.600; 23
(h) Employees or designated agents of a children's advocacy center; 24
(i) Those persons so authorized by court order; or 25
(j) The external child fatality and near fatality review panel established by KRS 26
620.055. 27 UNOFFICIAL COPY 24 RS BR 1000
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(8)[(6)] (a) Files, reports, notes, photographs, records, electronic and other 1
communications, and working papers used or developed by a children's 2
advocacy center in providing services under this chapter are confidential and 3
shall not be disclosed except to the following persons: 4
1. Staff employed by the cabinet, law enforcement officers, and 5
Commonwealth's and county attorneys who are directly involved in the 6
investigation or prosecution of the case, including a cabinet 7
investigation or assessment of child abuse, neglect, and dependency in 8
accordance with this chapter; 9
2. Medical and mental health professionals listed by name in a release of 10
information signed by the guardian of the child, provided that the 11
information shared is limited to that necessary to promote the physical 12
or psychological health of the child or to treat the child for abuse-related 13
symptoms; 14
3. The court and those persons so authorized by a court order; 15
4. The external child fatality and near fatality review panel established by 16
KRS 620.055; and 17
5. The parties to an administrative hearing conducted by the cabinet or its 18
designee in accordance with KRS Chapter 13B in an appeal of a cabinet-19
substantiated finding of abuse or neglect. The children's advocacy center 20
may, in its sole discretion, provide testimony in lieu of files, reports, 21
notes, photographs, records, electronic and other communications, and 22
working papers used or developed by the center if the center determines 23
that the release poses a threat to the safety or well-being of the child, or 24
would be in the best interests of the child. Following the administrative 25
hearing and any judicial review, the parties to the administrative hearing 26
shall return all files, reports, notes, photographs, records, electronic and 27 UNOFFICIAL COPY 24 RS BR 1000
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other communications, and working papers used or developed by the 1
children's advocacy center to the center. 2
(b) The provisions of this subsection shall not be construed as to contravene the 3
Rules of Criminal Procedure relating to discovery. 4
(9)[(7)] Nothing in this section shall prohibit a parent or guardian from accessing 5
records for his or her child providing that the parent or guardian is not currently 6
under investigation by a law enforcement agency or the cabinet relating to the abuse 7
or neglect of a child. 8
(10)[(8)] Nothing in this section shall prohibit employees or designated agents of a 9
children's advocacy center from disclosing information during a multidisciplinary 10
team review of a child sexual abuse case as set forth under KRS 620.040. Persons 11
receiving this information shall sign a confidentiality statement consistent with 12
statutory prohibitions on disclosure of this information. 13
(11)[(9)] Employees or designated agents of a children's advocacy center may confirm 14
to another children's advocacy center that a child has been seen for services. If an 15
information release has been signed by the guardian of the child, a children's 16
advocacy center may disclose relevant information to another children's advocacy 17
center. 18
(12)[(10)] (a) An interview of a child recorded at a children's advocacy center shall 19
not be duplicated, except that the Commonwealth's or county attorney 20
prosecuting the case may: 21
1. Make and retain one (1) copy of the interview; and 22
2. Make one (1) copy for the defendant's or respondent's counsel that the 23
defendant's or respondent's counsel shall not duplicate. 24
(b) The defendant's or respondent's counsel shall file the copy with the court clerk 25
at the close of the case. 26
(c) Unless objected to by the victim or victims, the court, on its own motion, or 27 UNOFFICIAL COPY 24 RS BR 1000
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on motion of the attorney for the Commonwealth shall order all recorded 1
interviews that are introduced into evidence or are in the possession of the 2
children's advocacy center, law enforcement, the prosecution, or the court to 3
be sealed. 4
(d) The provisions of this subsection shall not be construed as to contravene the 5
Rules of Criminal Procedure relating to discovery. 6
(13)[(11)] Identifying information concerning the individual initiating the report under 7
KRS 620.030 shall not be disclosed except: 8
(a) To law enforcement officials that have a legitimate interest in the case; 9
(b) To the agency designated by the cabinet to investigate or assess the report; 10
(c) To members of multidisciplinary teams as defined by KRS 620.020 that 11
operated under KRS 431.600 12
(d) Under a court order, after the court has conducted an in camera review of the 13
record of the state related to the report and has found reasonable cause to 14
believe that the reporter knowingly made a false report; or 15
(e) The external child fatality and near fatality review panel established by KRS 16
620.055. 17
(14)[(12)] (a) Information may be publicly disclosed by the cabinet in a case where 18
child abuse or neglect has resulted in a child fatality or near fatality. 19
(b) The cabinet shall conduct an internal review of any case where child abuse or 20
neglect has resulted in a child fatality or near fatality and the cabinet had prior 21
involvement with the child or family. The cabinet shall prepare a summary 22
that includes an account of: 23
1. The cabinet's actions and any policy or personnel changes taken or to be 24
taken, including the results of appeals, as a result of the findings from 25
the internal review; and 26
2. Any cooperation, assistance, or information from any agency of the state 27 UNOFFICIAL COPY 24 RS BR 1000
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or any other agency, institution, or facility providing services to the 1
child or family that were requested and received by the cabinet during 2
the investigation of a child fatality or near fatality. 3
(c) The cabinet shall submit a report by September 1 of each year containing an 4
analysis of all summaries of internal reviews occurring during the previous 5
year and an analysis of historical trends to the Governor, the General 6
Assembly, and the state child fatality review team created under KRS 7
211.684. 8
(15)[(13)] When an adult who is the subject of information made confidential by 9
subsection (7)[(5)] of this section publicly reveals or causes to be revealed any 10
significant part of the confidential matter or information, the confidentiality 11
afforded by subsection (7)[(5)] of this section is presumed voluntarily waived, and 12
confidential information and records about the person making or causing the public 13
disclosure, not already disclosed but related to the information made public, may be 14
disclosed if disclosure is in the best interest of the child or is necessary for the 15
administration of the cabinet's duties under this chapter. 16
(16)[(14)] As a result of any report of suspected child abuse or neglect, photographs and 17
X-rays or other appropriate medical diagnostic procedures may be taken or caused 18
to be taken, without the consent of the parent or other person exercising custodial 19
control or supervision of the child, if authorized by court order and as a part of the 20
medical evaluation or investigation of these reports. These photographs and X-rays 21
or results of other medical diagnostic procedures may be introduced into evidence 22
in any subsequent judicial proceedings or an administrative hearing conducted by 23
the cabinet or its designee in accordance with KRS Chapter 13B in an appeal of a 24
cabinet-substantiated finding of child abuse or neglect. The person performing the 25
diagnostic procedures or taking photographs or X-rays shall be immune from 26
criminal or civil liability for having performed the act. Nothing herein shall limit 27 UNOFFICIAL COPY 24 RS BR 1000
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liability for negligence. 1
(17)[(15)] In accordance with 42 U.S.C. sec. 671, the cabinet shall share information 2
about a child in the custody of the cabinet with a relative or a parent of the child's 3
sibling for the purposes of: 4
(a) Evaluating or arranging a placement for the child; 5
(b) Arranging appropriate treatment services for the child; or 6
(c) Establishing visitation between the child and a relative, including a sibling of 7
the child. 8
(18)[(16)] In accordance with 42 U.S.C. sec. 671, the cabinet shall, in the case of 9
siblings removed from their home who are not jointly placed, provide for frequent 10
visitation or other ongoing interaction between the siblings, unless the cabinet 11
determines that frequent visitation or other ongoing interaction would be contrary to 12
the safety or well-being of any of the siblings. 13
Section 2. KRS 620.055 is amended to read as follows: 14
(1) An external child fatality and near fatality review panel is hereby created and 15
established for the purpose of conducting comprehensive reviews of child fatalities 16
and near fatalities, reported to the Cabinet for Health and Family Services, 17
suspected to be a result of abuse or neglect. The panel shall be attached to the 18
Justice and Public Safety Cabinet for staff and administrative purposes. 19
(2) The external child fatality and near fatality review panel shall be composed of the 20
following five (5) ex officio nonvoting members and seventeen (17) voting 21
members: 22
(a) Two (2) members of the Kentucky General Assembly, one (1) appointed by 23
the President of the Senate and one (1) appointed by the Speaker of the House 24
of Representatives, who shall be ex officio nonvoting members; 25
(b) The commissioner of the Department for Community Based Services, who 26
shall be an ex officio nonvoting member; 27 UNOFFICIAL COPY 24 RS BR 1000
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(c) The commissioner of the Department for Public Health, who shall be an ex 1
officio nonvoting member; 2
(d) A family court judge selected by the Chief Justice of the Kentucky Supreme 3
Court, who shall be an ex officio nonvoting members; 4
(e) A pediatrician from the University of Kentucky's Department of Pediatrics 5
who is licensed and experienced in forensic medicine relating to child abuse 6
and neglect to be selected by the Attorney General from a list of three (3) 7
names provided by the dean of the University of Kentucky School of 8
Medicine; 9
(f) A pediatrician from the University of Louisville's Department of Pediatrics 10
who is licensed and experienced in forensic medicine relating to child abuse 11
and neglect to be selected by the Attorney General from a list of three (3) 12
names provided by the dean of the University of Louisville School of 13
Medicine; 14
(g) The state medical examiner or designee; 15
(h) A court-appointed special advocate (CASA) program director to be selected 16
by the Attorney General from a list of three (3) names provided by the 17
Kentucky CASA Association; 18
(i) A peace officer with experience investigating child abuse and neglect 19
fatalities and near fatalities to be selected by the Attorney General from a list 20
of three (3) names provided by the commissioner of the Kentucky State 21
Police; 22
(j) A representative from Prevent Child Abuse Kentucky, Inc. to be selected by 23
the Attorney General from a list of three (3) names provided by the president 24
of the Prevent Child Abuse Kentucky, Inc. board of directors; 25
(k) A practicing local prosecutor to be selected by the Attorney General; 26
(l) The executive director of the Kentucky Domestic Violence Association or the 27 UNOFFICIAL COPY 24 RS BR 1000
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executive director's designee; 1
(m) The chairperson of the State Child Fatality Review Team established in 2
accordance with KRS 211.684 or the chairperson's designee; 3
(n) A practicing social work clinician to be selected by the Attorney General from 4
a list of three (3) names provided by the Board of Social Work; 5
(o) A practicing addiction counselor to be selected by the Attorney General from 6
a list of three (3) names provided by the Kentucky Association of Addiction 7
Professionals; 8
(p) A representative from the family resource and youth service centers to be 9
selected by the Attorney General from a list of three (3) names submitted by 10
the Cabinet for Health and Family Services; 11
(q) A representative of a community mental health center to be selected by the 12
Attorney General from a list of three (3) names provided by the Kentucky 13
Association of Regional Mental Health and Mental Retardation Programs, 14
Inc.; 15
(r) A member of a citizen foster care review board selected by the Chief Justice 16
of the Kentucky Supreme Court; 17
(s) An at-large representative who shall serve as chairperson to be selected by the 18
Secretary of State; 19
(t) The president of the Kentucky Coroners Association; and 20
(u) A practicing medication-assisted treatment provider to be selected by the 21
Attorney General from a list of three (3) names provided by the Kentucky 22
Board of Medical Licensure. 23
(3) (a) By August 1, 2013, the appointing authority or the appointing authorities, as 24
the case may be, shall have appointed panel members. Initial terms of 25
members, other than those serving ex officio, shall be staggered to provide 26
continuity. Initial appointments shall be: five (5) members for terms of one (1) 27 UNOFFICIAL COPY 24 RS BR 1000
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year, five (5) members for terms of two (2) years, and five (5) members for 1
terms of three (3) years, these terms to expire, in each instance, on June 30 2
and thereafter until a successor is appointed and accepts appointment. 3
(b) Upon the expiration of these initial staggered terms, successors shall be 4
appointed by the respective appointing authorities, for terms of two (2) years, 5
and until successors are appointed and accept their appointments. Members 6
shall be eligible for reappointment. Vacancies in the membership of the panel 7
shall be filled in the same manner as the original appointments. 8
(c) At any time, a panel member shall recuse himself or herself from the review 9
of a case if the panel member believes he or she has a personal or private 10
conflict of interest. 11
(d) If a voting panel member is absent from two (2) or more consecutive, 12
regularly scheduled meetings, the member shall be considered to have 13
resigned and shall be replaced with a new member in the same manner as the 14
original appointment. 15
(e) If a voting panel member is proven to have violated subsection (13) of this 16
section, the member shall be removed from the panel, and the member shall 17
be replaced with a new member in the same manner as the original 18
appointment. 19
(4) The panel shall meet at least quarterly and may meet upon the call of the 20
chairperson of the panel. 21
(5) Members of the panel shall receive no compensation for their duties related to the 22
panel, but may be reimbursed for expenses incurred in accordance with state 23
guidelines and administrative regulations. 24
(6) Each panel member shall be provided copies of all information set out in this 25
subsection, including but not limited to records and information, upon request, to be 26
gathered, unredacted, and submitted to the panel within thirty (30) days by the 27 UNOFFICIAL COPY 24 RS BR 1000
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Cabinet for Health and Family Services from the Department for Community Based 1
Services or any agency, organization, or entity involved with a child subject to a 2
fatality or near fatality: 3
(a) Cabinet for Health and Family Services records and documentation regarding 4
the deceased or injured child and his or her caregivers, residents of the home, 5
and persons supervising the child at the time of the incident that include all 6
records and documentation set out in this paragraph: 7
1. All prior and ongoing investigations, services, or contacts; 8
2. Any and all records of services to the family provided by agencies or 9
individuals contracted by the Cabinet for Health and Family Services; 10
and 11
3. All documentation of actions taken as a result of child fatality internal 12
reviews conducted pursuant to KRS 620.050(14)[(12)](b); 13
(b) Licensing reports from the Cabinet for Health and Family Services, Office of 14
Inspector General, if an incident occurred in a licensed facility; 15
(c) All available records regarding protective services provided out of state; 16
(d) All records of services provided by the Department for Juvenile Justice 17
regarding the deceased or injured child and his or her caregivers, residents of 18
the home, and persons involved with the child at the time of the incident; 19
(e) Autopsy reports; 20
(f) Emergency medical service, fire department, law enforcement, coroner, and 21
other first responder reports, including but not limited to photos and 22
interviews with family members and witnesses; 23
(g) Medical records regarding the deceased or injured child, including but not 24
limited to all records and documentation set out in this paragraph: 25
1. Primary care records, including progress notes; developmental 26
milestones; growth charts that include head circumference; all 27 UNOFFICIAL COPY 24 RS BR 1000
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laboratory and X-ray requests and results; and birth record that includes 1
record of delivery type, complications, and initial physical exam of 2
baby; 3
2. In-home provider care notes about observations of the family, bonding, 4
others in home, and concerns; 5
3. Hospitalization and emergency department records; 6
4. Dental records; 7
5. Specialist records; and 8
6. All photographs of injuries of the child that are available; 9
(h) Educational records of the deceased or injured child, or other children residing 10
in the home where the incident occurred, including but not limited to the 11
records and documents set out in this paragraph: 12
1. Attendance records; 13
2. Special education services; 14
3. School-based health records; and 15
4. Documentation of any interaction and services provided to the children 16
and family. 17
The release of educational records shall be in compliance with the Family 18
Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g and its 19
implementing regulations; 20
(i) Head Start records or records from any other child care or early child care 21
provider; 22
(j) Records of any Family, Circuit, or District Court involvement with the 23
deceased or injured child and his or her caregivers, residents of the home and 24
persons involved with the child at the time of the incident that include but are 25
not limited to the juvenile and family court records and orders set out in this 26
paragraph, pursuant to KRS Chapters 199, 403, 405, 406, and 600 to 645: 27 UNOFFICIAL COPY 24 RS BR 1000
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1. Petitions; 1
2. Court reports by the Department for Community Based Services, 2
guardian ad litem, court-appointed special advocate, and the Citizen 3
Foster Care Review Board; 4
3. All orders of the court, including temporary, dispositional, or 5
adjudicatory; and 6
4. Documentation of annual or any other review by the court; 7
(k) Home visit records from the Department for Public Health or other services; 8
(l) All information on prior allegations of abuse or neglect and deaths of children 9
of adults residing in the household; 10
(m) All law enforcement records and documentation regarding the deceased or 11
injured child and his or her caregivers, residents of the home, and persons 12
involved with the child at the time of the incident; and 13
(n) Mental health records regarding the deceased or injured child and his or her 14
caregivers, residents of the home, and persons involved with the child at the 15
time of the incident. 16
(7) The panel may seek the advice of experts, such as persons specializing in the fields 17
of psychiatric and forensic medicine, nursing, psychology, social work, education, 18
law enforcement, family law, or other related fields, if the facts of a case warrant 19
additional expertise. 20
(8) The panel shall post updates after each meeting to the website of the Justice and 21
Public Safety Cabinet regarding case reviews, findings, and recommendations. 22
(9) The panel chairperson, or other requested persons, shall report a summary of the 23
panel's discussions and proposed or actual recommendations to the Interim Joint 24
Committee on Families and Children of the Kentucky General Assembly monthly 25
or at the request of a committee co-chair. The goal of the committee shall be to 26
ensure impartiality regarding the operations of the panel during its review process. 27 UNOFFICIAL COPY 24 RS BR 1000
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(10) (a) The panel shall publish an annual report by February 1 of each year consisting 1
of case reviews, findings, and recommendations for system and process 2
improvements to help prevent child fatalities and near fatalities that are due to 3
abuse and neglect. The report shall be submitted to the Governor, the 4
secretary of the Cabinet for Health and Family Services, the Chief Justice of 5
the Supreme Court, the Attorney General, the State Child Abuse and Neglect 6
Prevention Board established pursuant to KRS 15.905, and the director of the 7
Legislative Research Commission for distribution to the Interim Joint 8
Committee on Families and Children, and the Interim Joint Committee on 9
Judiciary. 10
(b) The panel shall determine which agency is responsible for implementing each 11
recommendation, and shall forward each recommendation in writing to the 12
appropriate agency. 13
(c) Any agency that receives a recommendation from the panel shall, within 14
ninety (90) days of receipt: 15
1. Respond to the panel with a written notice of intent to implement the 16
recommendation, an explanation of how the recommendation will be 17
implemented, and an approximate time frame of implementation; or 18
2. Respond to the panel with a written notice that the agency does not 19
intend to implement the recommendation, and a detailed explanation of 20
why the recommendation cannot be implemented. 21
(11) Information and record copies that are confidential under state or federal law and 22
are provided to the external child fatality and near fatality review panel by the 23
Cabinet for Health and Family Services, the Department for Community Based 24
Services, or any agency, organization, or entity for review shall not become the 25
information and records of the panel and shall not lose their confidentiality by 26
virtue of the panel's access to the information and records. The original information 27 UNOFFICIAL COPY 24 RS BR 1000
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and records used to generate information and record copies provided to the panel in 1
accordance with subsection (6) of this section shall be maintained by the 2
appropriate agency in accordance with state and federal law and shall be subject to 3
the Kentucky Open Records Act, KRS 61.870 to 61.884. All open records requests 4
shall be made to the appropriate agency, not to the external child fatality and near 5
fatality review panel or any of the panel members. Information and record copies 6
provided to the panel for review shall be exempt from the Kentucky Open Records 7
Act, KRS 61.870 to 61.884. At the conclusion of the panel's examination, all copies 8
of information and records provided to the panel involving an individual case shall 9
be destroyed by the Justice and Public Safety Cabinet. 10
(12) Notwithstanding any provision of law to the contrary, the portions of the external 11
child fatality and near fatality review panel meetings during which an individual 12
child fatality or near fatality case is reviewed or discussed by panel members may 13
be a closed session and subject to the provisions of KRS 61.815(1) and shall only 14
occur following the conclusion of an open session. At the conclusion of the closed 15
session, the panel shall immediately convene an open session and give a summary 16
of what occurred during the closed session. 17
(13) Each member of the external child fatality and near fatality review panel, any 18
person attending a closed panel session, and any person presenting information or 19
records on an individual child fatality or near fatality shall not release information 20
or records not available under the Kentucky Open Records Act, KRS 61.870 to 21
61.884 to the public. 22
(14) A member of the external child fatality and near fatality review panel shall not be 23
prohibited from making a good faith report to any state or federal agency of any 24
information or issue that the panel member believes should be reported or disclosed 25
in an effort to facilitate effectiveness and transparency in Kentucky's child 26
protective services. 27 UNOFFICIAL COPY 24 RS BR 1000
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(15) A member of the external child fatality and near fatality review panel shall not be 1
held liable for any civil damages or criminal penalties pursuant to KRS 620.990 as 2
a result of any action taken or omitted in the performance of the member's duties 3
pursuant to this section and KRS 620.050, except for violations of subsection (11), 4
(12), or (13) of this section. 5
(16) The proceedings, records, opinions, and deliberations of the external child fatality 6
and near fatality review panel shall be privileged and shall not be subject to 7
discovery, subpoena, or introduction into evidence in any civil or criminal actions 8
in any manner that would directly or indirectly identify specific persons or cases 9
reviewed by the panel. Nothing in this subsection shall be construed to restrict or 10
limit the right to discover or use in any civil action any evidence that is 11
discoverable independent of the proceedings of the panel. 12
(17) The Legislative Oversight and Investigations Committee of the Kentucky General 13
Assembly shall conduct an annual evaluation of the external child fatality and near 14
fatality review panel established pursuant to this section to monitor the operations, 15
procedures, and recommendations of the panel and shall report its findings to the 16
General Assembly. 17