Kentucky 2024 Regular Session

Kentucky Senate Bill SB106 Latest Draft

Bill / Introduced Version

                            UNOFFICIAL COPY  	24 RS BR 1272 
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AN ACT relating to animal control officers. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
SECTION 1.   A NEW SECTION OF KRS 258.095 TO 258.500 IS CREATED 3 
TO READ AS FOLLOWS: 4 
(1) The board shall develop and maintain a list of approved comprehensive evidence-5 
informed trainings on child abuse and neglect recognition and reporting that 6 
encompass child physical, sexual, and emotional abuse and neglect. 7 
(2) The trainings may be provided in person or by utilizing currently available 8 
technology and shall cover, at a minimum, the following topics: 9 
(a) Recognizing child physical, sexual, and emotional abuse and neglect; 10 
(b) Reporting suspected child abuse and neglect in Kentucky as required by 11 
Section 2 of this Act and the appropriate documentation; 12 
(c) Responding to the child; and 13 
(d) Understanding the response of child protective services. 14 
(3) The trainings shall include a questionnaire or other basic assessment tool upon 15 
completion to document basic knowledge of training components. 16 
(4) Each city, county, urban-county government, charter county government, 17 
consolidated local government, or unified local government that employs, 18 
appoints, or contracts with an animal control officer shall adopt one (1) or more 19 
trainings from the list approved by the board to be implemented. 20 
(5) (a) All current animal control officers shall complete the implemented training 21 
or trainings by January 31, 2025, and then every two (2) years thereafter. 22 
(b) Animal control officers employed, appointed, or contracted with after 23 
January 31, 2025, shall complete the implemented training or trainings 24 
within ninety (90) days of being employed, appointed, or contracted with 25 
and then every two (2) years thereafter. 26 
Section 2.   KRS 620.030 is amended to read as follows: 27  UNOFFICIAL COPY  	24 RS BR 1272 
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(1) Any person who knows or has reasonable cause to believe that a child is dependent, 1 
neglected, or abused shall immediately cause an oral or written report to be made to 2 
a local law enforcement agency or to the Department of Kentucky State Police, the 3 
cabinet or its designated representative, the Commonwealth's attorney, or the 4 
county attorney by telephone or otherwise. If the cabinet receives a report of abuse 5 
or neglect allegedly committed by a person other than a parent, guardian, fictive 6 
kin, person in a position of authority, person in a position of special trust, or person 7 
exercising custodial control or supervision, the cabinet shall refer the matter to the 8 
Commonwealth's attorney or the county attorney and the local law enforcement 9 
agency or the Department of Kentucky State Police. Nothing in this section shall 10 
relieve individuals of their obligations to report. 11 
(2) (a) Any person, including but not limited to a physician, osteopathic physician, 12 
nurse, teacher, school personnel, social worker, coroner, medical examiner, 13 
child-caring personnel, resident, intern, chiropractor, dentist, optometrist, 14 
emergency medical technician, paramedic, health professional, mental health 15 
professional, peace officer, animal control officer, or any organization or 16 
agency for any of the above, who knows or has reasonable cause to believe 17 
that a child is dependent, neglected, or abused, regardless of whether the 18 
person believed to have caused the dependency, neglect, or abuse is a parent, 19 
guardian, fictive kin, person in a position of authority, person in a position of 20 
special trust, person exercising custodial control or supervision, or another 21 
person, or who has attended such child as a part of his or her professional 22 
duties, shall: 23 
1. Immediately make an oral report in accordance with subsection (1) of 24 
this section; 25 
2. Immediately notify the supervisor of the institution, school, facility, 26 
agency, or designated agent of the person in charge; and 27  UNOFFICIAL COPY  	24 RS BR 1272 
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3. If requested, in addition to the report required in subsection (1) or (3) of 1 
this section, file with the local law enforcement agency or the 2 
Department of Kentucky State Police, the cabinet or its designated 3 
representative, the Commonwealth's attorney, or county attorney within 4 
forty-eight (48) hours of the original report a written report containing: 5 
a. The names and addresses of the child and his or her parents or 6 
other persons exercising custodial control or supervision; 7 
b. The child's age; 8 
c. The nature and extent of the child's alleged dependency, neglect, 9 
or abuse, including any previous charges of dependency, neglect, 10 
or abuse, to this child or his or her siblings; 11 
d. The name and address of the person allegedly responsible for the 12 
abuse or neglect; and 13 
e. Any other information that the person making the report believes 14 
may be helpful in the furtherance of the purpose of this section. 15 
(b) Upon notification, the supervisor or the designated agent, if any, shall 16 
facilitate the cooperation of the institution, school, facility, or agency with the 17 
investigation of the report. 18 
(c) Any person who knowingly causes intimidation, retaliation, or obstruction in 19 
the investigation of the report shall be guilty of a Class A misdemeanor. 20 
(d) This section shall not require more than one (1) report from any institution, 21 
school, facility, or agency. 22 
(3) Any person who knows or has reasonable cause to believe that a child is a victim of 23 
human trafficking as defined in KRS 529.010 shall immediately cause an oral or 24 
written report to be made to a local law enforcement agency or the Department of 25 
Kentucky State Police; or the cabinet or its designated representative; or the 26 
Commonwealth's attorney or the county attorney; by telephone or otherwise. This 27  UNOFFICIAL COPY  	24 RS BR 1272 
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subsection shall apply regardless of whether the person believed to have caused the 1 
human trafficking of the child is a parent, guardian, fictive kin, person in a position 2 
of authority, person in a position of special trust, or person exercising custodial 3 
control or supervision. 4 
(4) Any person who knows or has reasonable cause to believe that a child is a victim of 5 
female genital mutilation as defined in KRS 508.125 shall immediately cause an 6 
oral or written report to be made by telephone or otherwise to: 7 
(a) A local law enforcement agency or the Department of Kentucky State Police; 8 
(b) The cabinet or its designated representative; or 9 
(c) The Commonwealth's attorney or the county attorney. 10 
 This subsection shall apply regardless of whether the person believed to have 11 
caused the female genital mutilation of the child is a parent, guardian, or person 12 
exercising custodial control or supervision. 13 
(5) Neither the husband-wife nor any professional-client/patient privilege, except the 14 
attorney-client and clergy-penitent privilege, shall be a ground for refusing to report 15 
under this section or for excluding evidence regarding a dependent, neglected, or 16 
abused child or the cause thereof, in any judicial proceedings resulting from a report 17 
pursuant to this section. This subsection shall also apply in any criminal proceeding 18 
in District or Circuit Court regarding a dependent, neglected, or abused child. 19 
(6) The cabinet upon request shall receive from any agency of the state or any other 20 
agency, institution, or facility providing services to the child or his or her family, 21 
such cooperation, assistance, and information as will enable the cabinet to fulfill its 22 
responsibilities under KRS 620.030, 620.040, and 620.050. 23 
(7) Nothing in this section shall limit the cabinet's investigatory authority under KRS 24 
620.050 or any other obligation imposed by law. 25 
(8) Any person who intentionally violates the provisions of this section shall be guilty 26 
of a: 27  UNOFFICIAL COPY  	24 RS BR 1272 
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(a) Class B misdemeanor for the first offense; 1 
(b) Class A misdemeanor for the second offense; and 2 
(c) Class D felony for each subsequent offense. 3