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AN ACT relating to educational neglect. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 600.020 is amended to read as follows: 3
As used in KRS Chapters 600 to 645, unless the context otherwise requires: 4
(1) "Abused or neglected child" means a child whose health or welfare is harmed or 5
threatened with harm when: 6
(a) His or her parent, guardian, person in a position of authority or special trust, 7
as defined in KRS 532.045, or other person exercising custodial control or 8
supervision of the child: 9
1. Inflicts or allows to be inflicted upon the child physical or emotional 10
injury as defined in this section by other than accidental means; 11
2. Creates or allows to be created a risk of physical or emotional injury as 12
defined in this section to the child by other than accidental means; 13
3. Engages in a pattern of conduct that renders the parent incapable of 14
caring for the immediate and ongoing needs of the child, including but 15
not limited to parental incapacity due to a substance use disorder as 16
defined in KRS 222.005; 17
4. Continuously or repeatedly fails or refuses to provide essential parental 18
care and protection for the child, considering the age of the child; 19
5. Commits or allows to be committed an act of sexual abuse, sexual 20
exploitation, or prostitution upon the child; 21
6. Creates or allows to be created a risk that an act of sexual abuse, sexual 22
exploitation, or prostitution will be committed upon the child; 23
7. Abandons or exploits the child; 24
8. Does not provide the child with: 25
a. Adequate care;[,] 26
b. Supervision;[,] 27 UNOFFICIAL COPY 24 RS BR 241
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c. Food;[,] 1
d. Clothing;[,] 2
e. Shelter;[, and] 3
f. Education, which shall include a parent's failure to properly 4
supervise, instruct, train, or control his or her child and that 5
failure is a substantial contributing factor to the child's violation 6
of the school board's code of acceptable behavior and discipline 7
adopted under KRS Chapter 158; or 8
g. Medical care necessary for the child's well-being when financially 9
able to do so or offered financial or other means to do so. A parent 10
or other person exercising custodial control or supervision of the 11
child legitimately practicing the person's religious beliefs shall not 12
be considered a negligent parent solely because of failure to 13
provide specified medical treatment for a child for that reason 14
alone. This exception shall not preclude a court from ordering 15
necessary medical services for a child; 16
9. Fails to make sufficient progress toward identified goals as set forth in 17
the court-approved case plan to allow for the safe return of the child to 18
the parent that results in the child remaining committed to the cabinet 19
and remaining in foster care for fifteen (15) cumulative months out of 20
forty-eight (48) months; or 21
10. Commits or allows female genital mutilation as defined in KRS 508.125 22
to be committed; or 23
(b) A person twenty-one (21) years of age or older commits or allows to be 24
committed an act of sexual abuse, sexual exploitation, or prostitution upon a 25
child less than sixteen (16) years of age; 26
(2) "Age or developmentally appropriate" has the same meaning as in 42 U.S.C. sec. 27 UNOFFICIAL COPY 24 RS BR 241
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675(11); 1
(3) "Aggravated circumstances" means the existence of one (1) or more of the 2
following conditions: 3
(a) The parent has not attempted or has not had contact with the child for a period 4
of not less than ninety (90) days; 5
(b) The parent is incarcerated and will be unavailable to care for the child for a 6
period of at least one (1) year from the date of the child's entry into foster care 7
and there is no appropriate relative placement available during this period of 8
time; 9
(c) The parent has sexually abused the child and has refused available treatment; 10
(d) The parent has been found by the cabinet to have engaged in abuse of the 11
child that required removal from the parent's home two (2) or more times in 12
the past two (2) years; or 13
(e) The parent has caused the child serious physical injury; 14
(4) "Beyond the control of parents" means a child who has repeatedly failed to follow 15
the reasonable directives of his or her parents, legal guardian, or person exercising 16
custodial control or supervision other than a state agency, which behavior results in 17
danger to the child or others, and which behavior does not constitute behavior that 18
would warrant the filing of a petition under KRS Chapter 645; 19
(5) "Beyond the control of school" means any child who has been found by the court to 20
have repeatedly violated the lawful regulations for the government of the school as 21
provided in KRS 158.150, and as documented in writing by the school as a part of 22
the school's petition or as an attachment to the school's petition. The petition or 23
attachment shall describe the student's behavior and all intervention strategies 24
attempted by the school; 25
(6) "Boarding home" means a privately owned and operated home for the boarding and 26
lodging of individuals which is approved by the Department of Juvenile Justice or 27 UNOFFICIAL COPY 24 RS BR 241
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the cabinet for the placement of children committed to the department or the 1
cabinet; 2
(7) "Cabinet" means the Cabinet for Health and Family Services; 3
(8) "Certified juvenile facility staff" means individuals who meet the qualifications of, 4
and who have completed a course of education and training in juvenile detention 5
developed and approved by, the Department of Juvenile Justice after consultation 6
with other appropriate state agencies; 7
(9) "Child" means any person who has not reached his or her eighteenth birthday, 8
unless otherwise provided; 9
(10) "Child-caring facility" means any facility or group home other than a state facility, 10
Department of Juvenile Justice contract facility or group home, or one certified by 11
an appropriate agency as operated primarily for educational or medical purposes, 12
providing residential care on a twenty-four (24) hour basis to children not related by 13
blood, adoption, or marriage to the person maintaining the facility; 14
(11) "Child-placing agency" means any agency, other than a state agency, which 15
supervises the placement of children in foster family homes or child-caring 16
facilities or which places children for adoption; 17
(12) "Clinical treatment facility" means a facility with more than eight (8) beds 18
designated by the Department of Juvenile Justice or the cabinet for the treatment of 19
mentally ill children. The treatment program of such facilities shall be supervised 20
by a qualified mental health professional; 21
(13) "Commitment" means an order of the court which places a child under the custodial 22
control or supervision of the Cabinet for Health and Family Services, Department 23
of Juvenile Justice, or another facility or agency until the child attains the age of 24
eighteen (18) unless otherwise provided by law; 25
(14) "Community-based facility" means any nonsecure, homelike facility licensed, 26
operated, or permitted to operate by the Department of Juvenile Justice or the 27 UNOFFICIAL COPY 24 RS BR 241
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cabinet, which is located within a reasonable proximity of the child's family and 1
home community, which affords the child the opportunity, if a Kentucky resident, 2
to continue family and community contact; 3
(15) "Complaint" means a verified statement setting forth allegations in regard to the 4
child which contain sufficient facts for the formulation of a subsequent petition; 5
(16) "Court" means the juvenile session of District Court unless a statute specifies the 6
adult session of District Court or the Circuit Court; 7
(17) "Court-designated worker" means that organization or individual delegated by the 8
Administrative Office of the Courts for the purposes of placing children in 9
alternative placements prior to arraignment, conducting preliminary investigations, 10
and formulating, entering into, and supervising diversion agreements and 11
performing such other functions as authorized by law or court order; 12
(18) "Deadly weapon" has the same meaning as it does in KRS 500.080; 13
(19) "Department" means the Department for Community Based Services; 14
(20) "Dependent child" means any child, other than an abused or neglected child, who is 15
under improper care, custody, control, or guardianship that is not due to an 16
intentional act of the parent, guardian, or person exercising custodial control or 17
supervision of the child; 18
(21) "Detention" means the safe and temporary custody of a juvenile who is accused of 19
conduct subject to the jurisdiction of the court who requires a restricted or closely 20
supervised environment for his or her own or the community's protection; 21
(22) "Detention hearing" means a hearing held by a judge or trial commissioner within 22
twenty-four (24) hours, exclusive of weekends and holidays, of the start of any 23
period of detention prior to adjudication; 24
(23) "Diversion agreement" means a mechanism designed to hold a child accountable 25
for his or her behavior and, if appropriate, securing services to serve the best 26
interest of the child and to provide redress for that behavior without court action 27 UNOFFICIAL COPY 24 RS BR 241
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and without the creation of a formal court record; 1
(24) "Eligible youth" means a person who: 2
(a) Is or has been committed to the cabinet as dependent, neglected, or abused; 3
(b) Is eighteen (18) years of age to nineteen (19) years of age; and 4
(c) Is requesting to extend or reinstate his or her commitment to the cabinet in 5
order to participate in state or federal educational programs or to establish 6
independent living arrangements; 7
(25) "Emergency shelter" is a group home, private residence, foster home, or similar 8
homelike facility which provides temporary or emergency care of children and 9
adequate staff and services consistent with the needs of each child; 10
(26) "Emotional injury" means an injury to the mental or psychological capacity or 11
emotional stability of a child as evidenced by a substantial and observable 12
impairment in the child's ability to function within a normal range of performance 13
and behavior with due regard to his or her age, development, culture, and 14
environment as testified to by a qualified mental health professional; 15
(27) "Evidence-based practices" means policies, procedures, programs, and practices 16
proven by scientific research to reliably produce reductions in recidivism; 17
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage 18
to a child, but who has an emotionally significant relationship with the child, or an 19
emotionally significant relationship with a biological parent, siblings, or half-20
siblings of the child in the case of a child from birth to twelve (12) months of age, 21
prior to placement; 22
(29) "Firearm" shall have the same meaning as in KRS 237.060 and 527.010; 23
(30) "Foster family home" means a private home in which children are placed for foster 24
family care under supervision of the cabinet or a licensed child-placing agency; 25
(31) "Graduated sanction" means any of a continuum of accountability measures, 26
programs, and sanctions, ranging from less restrictive to more restrictive in nature, 27 UNOFFICIAL COPY 24 RS BR 241
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that may include but are not limited to: 1
(a) Electronic monitoring; 2
(b) Drug and alcohol screening, testing, or monitoring; 3
(c) Day or evening reporting centers; 4
(d) Reporting requirements; 5
(e) Community service; and 6
(f) Rehabilitative interventions such as family counseling, substance abuse 7
treatment, restorative justice programs, and behavioral or mental health 8
treatment; 9
(32) "Habitual runaway" means any child who has been found by the court to have been 10
absent from his or her place of lawful residence without the permission of his or her 11
custodian for at least three (3) days during a one (1) year period; 12
(33) "Habitual truant" means any child who has been found by the court to have been 13
reported as a truant as defined in KRS 159.150(1) two (2) or more times during a 14
one (1) year period; 15
(34) "Hospital" means, except for purposes of KRS Chapter 645, a licensed private or 16
public facility, health care facility, or part thereof, which is approved by the cabinet 17
to treat children; 18
(35) "Independent living" means those activities necessary to assist a committed child to 19
establish independent living arrangements; 20
(36) "Informal adjustment" means an agreement reached among the parties, with 21
consultation, but not the consent, of the victim of the crime or other persons 22
specified in KRS 610.070 if the victim chooses not to or is unable to participate, 23
after a petition has been filed, which is approved by the court, that the best interest 24
of the child would be served without formal adjudication and disposition; 25
(37) "Intentionally" means, with respect to a result or to conduct described by a statute 26
which defines an offense, that the actor's conscious objective is to cause that result 27 UNOFFICIAL COPY 24 RS BR 241
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or to engage in that conduct; 1
(38) "Least restrictive alternative" means, except for purposes of KRS Chapter 645, that 2
the program developed on the child's behalf is no more harsh, hazardous, or 3
intrusive than necessary; or involves no restrictions on physical movements nor 4
requirements for residential care except as reasonably necessary for the protection 5
of the child from physical injury; or protection of the community, and is conducted 6
at the suitable available facility closest to the child's place of residence to allow for 7
appropriate family engagement; 8
(39) "Motor vehicle offense" means any violation of the nonfelony provisions of KRS 9
Chapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117; 10
(40) "Near fatality" means an injury that, as certified by a physician, places a child in 11
serious or critical condition; 12
(41) "Needs of the child" means necessary food, clothing, health, shelter, and education; 13
(42) "Nonoffender" means a child alleged to be dependent, neglected, or abused and 14
who has not been otherwise charged with a status or public offense; 15
(43) "Nonsecure facility" means a facility which provides its residents access to the 16
surrounding community and which does not rely primarily on the use of physically 17
restricting construction and hardware to restrict freedom; 18
(44) "Nonsecure setting" means a nonsecure facility or a residential home, including a 19
child's own home, where a child may be temporarily placed pending further court 20
action. Children before the court in a county that is served by a state operated 21
secure detention facility, who are in the detention custody of the Department of 22
Juvenile Justice, and who are placed in a nonsecure alternative by the Department 23
of Juvenile Justice, shall be supervised by the Department of Juvenile Justice; 24
(45) "Out-of-home placement" means a placement other than in the home of a parent, 25
relative, or guardian, in a boarding home, clinical treatment facility, community-26
based facility, detention facility, emergency shelter, fictive kin home, foster family 27 UNOFFICIAL COPY 24 RS BR 241
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home, hospital, nonsecure facility, physically secure facility, residential treatment 1
facility, or youth alternative center; 2
(46) "Parent" means the biological or adoptive mother or father of a child; 3
(47) "Person exercising custodial control or supervision" means a person or agency that 4
has assumed the role and responsibility of a parent or guardian for the child, but that 5
does not necessarily have legal custody of the child; 6
(48) "Petition" means a verified statement, setting forth allegations in regard to the child, 7
which initiates formal court involvement in the child's case; 8
(49) "Physical injury" means substantial physical pain or any impairment of physical 9
condition; 10
(50) "Physically secure facility" means a facility that relies primarily on the use of 11
construction and hardware such as locks, bars, and fences to restrict freedom; 12
(51) "Public offense action" means an action, excluding contempt, brought in the interest 13
of a child who is accused of committing an offense under KRS Chapter 527 or a 14
public offense which, if committed by an adult, would be a crime, whether the same 15
is a felony, misdemeanor, or violation, other than an action alleging that a child 16
sixteen (16) years of age or older has committed a motor vehicle offense; 17
(52) "Qualified mental health professional" means: 18
(a) A physician licensed under the laws of Kentucky to practice medicine or 19
osteopathy, or a medical officer of the government of the United States while 20
engaged in the performance of official duties; 21
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 22
osteopathy, or a medical officer of the government of the United States while 23
engaged in the practice of official duties, and who is certified or eligible to 24
apply for certification by the American Board of Psychiatry and Neurology, 25
Inc.; 26
(c) A psychologist with the health service provider designation, a psychological 27 UNOFFICIAL COPY 24 RS BR 241
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practitioner, a certified psychologist, or a psychological associate licensed 1
under the provisions of KRS Chapter 319; 2
(d) A licensed registered nurse with a master's degree in psychiatric nursing from 3
an accredited institution and two (2) years of clinical experience with 4
mentally ill persons, or a licensed registered nurse with a bachelor's degree in 5
nursing from an accredited institution who is certified as a psychiatric and 6
mental health nurse by the American Nurses Association and who has three 7
(3) years of inpatient or outpatient clinical experience in psychiatric nursing 8
and who is currently employed by a hospital or forensic psychiatric facility 9
licensed by the Commonwealth or a psychiatric unit of a general hospital, a 10
private agency or company engaged in providing mental health services, or a 11
regional comprehensive care center; 12
(e) A licensed clinical social worker licensed under the provisions of KRS 13
335.100, or a certified social worker licensed under the provisions of KRS 14
335.080 with three (3) years of inpatient or outpatient clinical experience in 15
psychiatric social work and currently employed by a hospital or forensic 16
psychiatric facility licensed by the Commonwealth, a psychiatric unit of a 17
general hospital, a private agency or company engaged in providing mental 18
health services, or a regional comprehensive care center; 19
(f) A marriage and family therapist licensed under the provisions of KRS 20
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 21
experience in psychiatric mental health practice and currently employed by a 22
hospital or forensic psychiatric facility licensed by the Commonwealth, a 23
psychiatric unit of a general hospital, a private agency or company engaged in 24
providing mental health services, or a regional comprehensive care center; 25
(g) A professional counselor credentialed under the provisions of KRS 335.500 to 26
335.599 with three (3) years of inpatient or outpatient clinical experience in 27 UNOFFICIAL COPY 24 RS BR 241
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psychiatric mental health practice and currently employed by a hospital or 1
forensic facility licensed by the Commonwealth, a psychiatric unit of a 2
general hospital, a private agency or company engaged in providing mental 3
health services, or a regional comprehensive care center; or 4
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 5
(1) of the following requirements: 6
1. Provides documentation that he or she has completed a psychiatric 7
residency program for physician assistants; 8
2. Has completed at least one thousand (1,000) hours of clinical experience 9
under a supervising physician, as defined by KRS 311.840, who is a 10
psychiatrist and is certified or eligible for certification by the American 11
Board of Psychiatry and Neurology, Inc.; 12
3. Holds a master's degree from a physician assistant program accredited 13
by the Accreditation Review Commission on Education for the 14
Physician Assistant or its predecessor or successor agencies, is 15
practicing under a supervising physician as defined by KRS 311.840, 16
and: 17
a. Has two (2) years of clinical experience in the assessment, 18
evaluation, and treatment of mental disorders; or 19
b. Has been employed by a hospital or forensic psychiatric facility 20
licensed by the Commonwealth or a psychiatric unit of a general 21
hospital or a private agency or company engaged in the provision 22
of mental health services or a regional community program for 23
mental health and individuals with an intellectual disability for at 24
least two (2) years; or 25
4. Holds a bachelor's degree, possesses a current physician assistant 26
certificate issued by the board prior to July 15, 2002, is practicing under 27 UNOFFICIAL COPY 24 RS BR 241
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a supervising physician as defined by KRS 311.840, and: 1
a. Has three (3) years of clinical experience in the assessment, 2
evaluation, and treatment of mental disorders; or 3
b. Has been employed by a hospital or forensic psychiatric facility 4
licensed by the Commonwealth or a psychiatric unit of a general 5
hospital or a private agency or company engaged in the provision 6
of mental health services or a regional community program for 7
mental health and individuals with an intellectual disability for at 8
least three (3) years; 9
(53) "Reasonable and prudent parent standard" has the same meaning as in 42 U.S.C. 10
sec. 675(10); 11
(54) "Residential treatment facility" means a facility or group home with more than eight 12
(8) beds designated by the Department of Juvenile Justice or the cabinet for the 13
treatment of children; 14
(55) "Retain in custody" means, after a child has been taken into custody, the continued 15
holding of the child by a peace officer for a period of time not to exceed twelve (12) 16
hours when authorized by the court or the court-designated worker for the purpose 17
of making preliminary inquiries; 18
(56) "Risk and needs assessment" means an actuarial tool scientifically proven to 19
identify specific factors and needs that are related to delinquent and noncriminal 20
misconduct; 21
(57) "School personnel" means those certified persons under the supervision of the local 22
public or private education agency; 23
(58) "Secretary" means the secretary of the Cabinet for Health and Family Services; 24
(59) "Secure juvenile detention facility" means any physically secure facility used for 25
the secure detention of children other than any facility in which adult prisoners are 26
confined; 27 UNOFFICIAL COPY 24 RS BR 241
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(60) "Serious physical injury" means physical injury which creates a substantial risk of 1
death or which causes serious and prolonged disfigurement, prolonged impairment 2
of health, or prolonged loss or impairment of the function of any bodily member or 3
organ; 4
(61) "Sexual abuse" includes but is not necessarily limited to any contacts or interactions 5
in which the parent, guardian, person in a position of authority or special trust, as 6
defined in KRS 532.045, or other person having custodial control or supervision of 7
the child or responsibility for his or her welfare, uses or allows, permits, or 8
encourages the use of the child for the purposes of the sexual stimulation of the 9
perpetrator or another person; 10
(62) "Sexual exploitation" includes but is not limited to a situation in which a parent, 11
guardian, person in a position of authority or special trust, as defined in KRS 12
532.045, or other person having custodial control or supervision of a child or 13
responsible for his or her welfare, allows, permits, or encourages the child to 14
engage in an act which constitutes prostitution under Kentucky law; or a parent, 15
guardian, person in a position of authority or special trust, as defined in KRS 16
532.045, or other person having custodial control or supervision of a child or 17
responsible for his or her welfare, allows, permits, or encourages the child to 18
engage in an act of obscene or pornographic photographing, filming, or depicting of 19
a child as provided for under Kentucky law; 20
(63) "Social service worker" means any employee of the cabinet or any private agency 21
designated as such by the secretary of the cabinet or a social worker employed by a 22
county or city who has been approved by the cabinet to provide, under its 23
supervision, services to families and children; 24
(64) "Staff secure facility for residential treatment" means any setting which assures that 25
all entrances and exits are under the exclusive control of the facility staff, and in 26
which a child may reside for the purpose of receiving treatment; 27 UNOFFICIAL COPY 24 RS BR 241
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(65) (a) "Status offense action" is any action brought in the interest of a child who is 1
accused of committing acts, which if committed by an adult, would not be a 2
crime. Such behavior shall not be considered criminal or delinquent and such 3
children shall be termed status offenders. Status offenses shall include: 4
1. Beyond the control of school or beyond the control of parents; 5
2. Habitual runaway; 6
3. Habitual truant; and 7
4. Alcohol offenses as provided in KRS 244.085. 8
(b) Status offenses shall not include violations of state or local ordinances which 9
may apply to children such as a violation of curfew; 10
(66) "Take into custody" means the procedure by which a peace officer or other 11
authorized person initially assumes custody of a child. A child may be taken into 12
custody for a period of time not to exceed two (2) hours; 13
(67) "Transitional living support" means all benefits to which an eligible youth is 14
entitled upon being granted extended or reinstated commitment to the cabinet by the 15
court; 16
(68) "Transition plan" means a plan that is personalized at the direction of the youth that: 17
(a) Includes specific options on housing, health insurance, education, local 18
opportunities for mentors and continuing support services, and workforce 19
supports and employment services; and 20
(b) Is as detailed as the youth may elect; 21
(69) "Valid court order" means a court order issued by a judge to a child alleged or 22
found to be a status offender: 23
(a) Who was brought before the court and made subject to the order; 24
(b) Whose future conduct was regulated by the order; 25
(c) Who was given written and verbal warning of the consequences of the 26
violation of the order at the time the order was issued and whose attorney or 27 UNOFFICIAL COPY 24 RS BR 241
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parent or legal guardian was also provided with a written notice of the 1
consequences of violation of the order, which notification is reflected in the 2
record of the court proceedings; and 3
(d) Who received, before the issuance of the order, the full due process rights 4
guaranteed by the Constitution of the United States; 5
(70) "Violation" means any offense, other than a traffic infraction, for which a sentence 6
of a fine only can be imposed; 7
(71) "Youth alternative center" means a nonsecure facility, approved by the Department 8
of Juvenile Justice, for the detention of juveniles, both prior to adjudication and 9
after adjudication, which meets the criteria specified in KRS 15A.320; and 10
(72) "Youthful offender" means any person regardless of age, transferred to Circuit 11
Court under the provisions of KRS Chapter 635 or 640 and who is subsequently 12
convicted in Circuit Court. 13
Section 2. KRS 620.090 is amended to read as follows: 14
(1) If, after completion of the temporary removal hearing, the court finds there are 15
reasonable grounds to believe the child is dependent, neglected or abused, the court 16
shall: 17
(a) Issue an order for temporary removal and shall grant temporary custody to the 18
cabinet or other appropriate person or agency. Preference shall be given to 19
available and qualified relatives of the child considering the wishes of the 20
parent or other person exercising custodial control or supervision, if known. 21
The order shall state the specific reasons for removal and show that alternative 22
less restrictive placements and services have been considered. The court may 23
recommend a placement for the child; 24
(b) Inquire as to an existing child support order;[ and] 25
(c) If there is no existing order, or if the order is to be amended, the court shall: 26
1. Make specific findings, either written or on the record, as to: 27 UNOFFICIAL COPY 24 RS BR 241
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a. The child support obligation in the best interest of the child; 1
b. The action to be taken by the payee, payor, or any other party by 2
making an application for services to the child support office who 3
shall take all appropriate action; or 4
c. Setting a hearing as soon as practicable; and 5
2. Require proper service before establishing a new child support order; 6
and 7
(d) In the case of educational neglect as described in Section 1 of this Act, 8
inquire as to any public financial benefits being received on behalf of the 9
child. Any identified public financial benefits shall be surrendered by the 10
parent or guardian at the time of the child's court ordered placement 11
outside of the home. Failure to comply with this paragraph may be 12
punished as contempt of court. The parent or guardian shall continue to 13
surrender all public financial benefits until the child's return to the physical 14
placement of his or her parent or guardian. 15
(2) In placing a child under an order of temporary custody, the cabinet or its designee 16
shall use the least restrictive appropriate placement available. Preference shall be 17
given to available and qualified relatives of the child considering the wishes of the 18
parent or other person exercising custodial control or supervision, if known. The 19
child may also be placed in a facility or program operated or approved by the 20
cabinet, including a foster home, or any other appropriate available placement. 21
However, under no circumstance shall the child be placed in a home, facility, or 22
other shelter with a child who has been committed to the Department of Juvenile 23
Justice for commission of a sex crime as that term is defined in KRS 17.500, unless 24
the child committed for the commission of a sex crime is kept segregated from 25
other children in the home, facility, or other shelter that have not been committed 26
for the commission of a sex crime. 27 UNOFFICIAL COPY 24 RS BR 241
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(3) If the court finds there are not reasonable grounds to believe the child is dependent, 1
neglected or abused, or if no action is taken within seventy-two (72) hours, the 2
emergency custody order shall be dissolved automatically and the cabinet or its 3
designee shall return the child to the parent or other person exercising custodial 4
control or supervision. A request for a continuance of the hearing by the parent or 5
other person exercising custodial control or supervision shall constitute action 6
precluding automatic dissolution of the emergency custody order. 7
(4) When the court issues a temporary order for the custody of a child, the court may 8
order that, within two (2) weeks, arrangements be made for the child to receive a 9
thorough medical, visual, and dental examination by a professional authorized by 10
the Kentucky Revised Statutes to conduct such examinations. The costs of the 11
examination shall be paid by the cabinet. 12
(5) The child shall remain in temporary custody with the cabinet for a period of time 13
not to exceed forty-five (45) days from the date of the removal from his home. The 14
court shall conduct the adjudicatory hearing and shall make a final disposition 15
within forty-five (45) days of the removal of the child. The court may extend such 16
time after making written findings establishing the need for the extension and after 17
finding that the extension is in the child's best interest. 18
(6) If custody is granted to a grandparent of the child pursuant to this section, the court 19
shall consider granting reasonable visitation rights to any other grandparent of the 20
child if the court determines the grandparent has a significant and viable 21
relationship with the child as established in KRS 405.021(1)(c). 22