UNOFFICIAL COPY 24 RS SB 151/GA
Page 1 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
AN ACT relating to relative and fictive kin caregivers. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 600.020 is amended to read as follows: 3
As used in KRS Chapters 600 to 645, unless the context otherwise requires: 4
(1) "Abused or neglected child" means a child whose health or welfare is harmed or 5
threatened with harm when: 6
(a) His or her parent, guardian, person in a position of authority or special trust, 7
as defined in KRS 532.045, or other person exercising custodial control or 8
supervision of the child: 9
1. Inflicts or allows to be inflicted upon the child physical or emotional 10
injury as defined in this section by other than accidental means; 11
2. Creates or allows to be created a risk of physical or emotional injury as 12
defined in this section to the child by other than accidental means; 13
3. Engages in a pattern of conduct that renders the parent incapable of 14
caring for the immediate and ongoing needs of the child, including but 15
not limited to parental incapacity due to a substance use disorder as 16
defined in KRS 222.005; 17
4. Continuously or repeatedly fails or refuses to provide essential parental 18
care and protection for the child, considering the age of the child; 19
5. Commits or allows to be committed an act of sexual abuse, sexual 20
exploitation, or prostitution upon the child; 21
6. Creates or allows to be created a risk that an act of sexual abuse, sexual 22
exploitation, or prostitution will be committed upon the child; 23
7. Abandons or exploits the child; 24
8. Does not provide the child with adequate care, supervision, food, 25
clothing, shelter, and education or medical care necessary for the child's 26
well-being when financially able to do so or offered financial or other 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 2 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
means to do so. A parent or other person exercising custodial control or 1
supervision of the child legitimately practicing the person's religious 2
beliefs shall not be considered a negligent parent solely because of 3
failure to provide specified medical treatment for a child for that reason 4
alone. This exception shall not preclude a court from ordering necessary 5
medical services for a child; 6
9. Fails to make sufficient progress toward identified goals as set forth in 7
the court-approved case plan to allow for the safe return of the child to 8
the parent that results in the child remaining committed to the cabinet 9
and remaining in foster care for fifteen (15) cumulative months out of 10
forty-eight (48) months; or 11
10. Commits or allows female genital mutilation as defined in KRS 508.125 12
to be committed; or 13
(b) A person twenty-one (21) years of age or older commits or allows to be 14
committed an act of sexual abuse, sexual exploitation, or prostitution upon a 15
child less than sixteen (16) years of age; 16
(2) "Age or developmentally appropriate" has the same meaning as in 42 U.S.C. sec. 17
675(11); 18
(3) "Aggravated circumstances" means the existence of one (1) or more of the 19
following conditions: 20
(a) The parent has not attempted or has not had contact with the child for a period 21
of not less than ninety (90) days; 22
(b) The parent is incarcerated and will be unavailable to care for the child for a 23
period of at least one (1) year from the date of the child's entry into foster care 24
and there is no appropriate relative placement available during this period of 25
time; 26
(c) The parent has sexually abused the child and has refused available treatment; 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 3 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
(d) The parent has been found by the cabinet to have engaged in abuse of the 1
child that required removal from the parent's home two (2) or more times in 2
the past two (2) years; or 3
(e) The parent has caused the child serious physical injury; 4
(4) "Beyond the control of parents" means a child who has repeatedly failed to follow 5
the reasonable directives of his or her parents, legal guardian, or person exercising 6
custodial control or supervision other than a state agency, which behavior results in 7
danger to the child or others, and which behavior does not constitute behavior that 8
would warrant the filing of a petition under KRS Chapter 645; 9
(5) "Beyond the control of school" means any child who has been found by the court to 10
have repeatedly violated the lawful regulations for the government of the school as 11
provided in KRS 158.150, and as documented in writing by the school as a part of 12
the school's petition or as an attachment to the school's petition. The petition or 13
attachment shall describe the student's behavior and all intervention strategies 14
attempted by the school; 15
(6) "Boarding home" means a privately owned and operated home for the boarding and 16
lodging of individuals which is approved by the Department of Juvenile Justice or 17
the cabinet for the placement of children committed to the department or the 18
cabinet; 19
(7) "Cabinet" means the Cabinet for Health and Family Services; 20
(8) "Certified juvenile facility staff" means individuals who meet the qualifications of, 21
and who have completed a course of education and training in juvenile detention 22
developed and approved by, the Department of Juvenile Justice after consultation 23
with other appropriate state agencies; 24
(9) "Child" means any person who has not reached his or her eighteenth birthday, 25
unless otherwise provided; 26
(10) "Child-caring facility" means any facility or group home other than a state facility, 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 4 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
Department of Juvenile Justice contract facility or group home, or one certified by 1
an appropriate agency as operated primarily for educational or medical purposes, 2
providing residential care on a twenty-four (24) hour basis to children not related by 3
blood, adoption, or marriage to the person maintaining the facility; 4
(11) "Child-placing agency" means any agency, other than a state agency, which 5
supervises the placement of children in foster family homes or child-caring 6
facilities or which places children for adoption; 7
(12) "Child-specific foster home" means an individual or family approved by the 8
cabinet as a foster family home for a relative or fictive kin placement; 9
(13) "Clinical treatment facility" means a facility with more than eight (8) beds 10
designated by the Department of Juvenile Justice or the cabinet for the treatment of 11
mentally ill children. The treatment program of such facilities shall be supervised 12
by a qualified mental health professional; 13
(14)[(13)] "Commitment" means an order of the court which places a child under the 14
custodial control or supervision of the Cabinet for Health and Family Services, 15
Department of Juvenile Justice, or another facility or agency until the child attains 16
the age of eighteen (18) unless otherwise provided by law; 17
(15)[(14)] "Community-based facility" means any nonsecure, homelike facility licensed, 18
operated, or permitted to operate by the Department of Juvenile Justice or the 19
cabinet, which is located within a reasonable proximity of the child's family and 20
home community, which affords the child the opportunity, if a Kentucky resident, 21
to continue family and community contact; 22
(16)[(15)] "Complaint" means a verified statement setting forth allegations in regard to 23
the child which contain sufficient facts for the formulation of a subsequent petition; 24
(17)[(16)] "Court" means the juvenile session of District Court unless a statute specifies 25
the adult session of District Court or the Circuit Court; 26
(18)[(17)] "Court-designated worker" means that organization or individual delegated by 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 5 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
the Administrative Office of the Courts for the purposes of placing children in 1
alternative placements prior to arraignment, conducting preliminary investigations, 2
and formulating, entering into, and supervising diversion agreements and 3
performing such other functions as authorized by law or court order; 4
(19)[(18)] "Deadly weapon" has the same meaning as it does in KRS 500.080; 5
(20)[(19)] "Department" means the Department for Community Based Services; 6
(21)[(20)] "Dependent child" means any child, other than an abused or neglected child, 7
who is under improper care, custody, control, or guardianship that is not due to an 8
intentional act of the parent, guardian, or person exercising custodial control or 9
supervision of the child; 10
(22)[(21)] "Detention" means the safe and temporary custody of a juvenile who is 11
accused of conduct subject to the jurisdiction of the court who requires a restricted 12
or closely supervised environment for his or her own or the community's protection; 13
(23)[(22)] "Detention hearing" means a hearing held by a judge or trial commissioner 14
within twenty-four (24) hours, exclusive of weekends and holidays, of the start of 15
any period of detention prior to adjudication; 16
(24)[(23)] "Diversion agreement" means a mechanism designed to hold a child 17
accountable for his or her behavior and, if appropriate, securing services to serve 18
the best interest of the child and to provide redress for that behavior without court 19
action and without the creation of a formal court record; 20
(25)[(24)] "Eligible youth" means a person who: 21
(a) Is or has been committed to the cabinet as dependent, neglected, or abused; 22
(b) Is eighteen (18) years of age to nineteen (19) years of age; and 23
(c) Is requesting to extend or reinstate his or her commitment to the cabinet in 24
order to participate in state or federal educational programs or to establish 25
independent living arrangements; 26
(26)[(25)] "Emergency shelter" is a group home, private residence, foster home, or 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 6 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
similar homelike facility which provides temporary or emergency care of children 1
and adequate staff and services consistent with the needs of each child; 2
(27)[(26)] "Emotional injury" means an injury to the mental or psychological capacity or 3
emotional stability of a child as evidenced by a substantial and observable 4
impairment in the child's ability to function within a normal range of performance 5
and behavior with due regard to his or her age, development, culture, and 6
environment as testified to by a qualified mental health professional; 7
(28)[(27)] "Evidence-based practices" means policies, procedures, programs, and 8
practices proven by scientific research to reliably produce reductions in recidivism; 9
(29)[(28)] "Fictive kin" means an individual who is not related by birth, adoption, or 10
marriage to a child, but who has an emotionally significant relationship with the 11
child, or an emotionally significant relationship with a biological parent, siblings, or 12
half-siblings of the child in the case of a child from birth to twelve (12) months of 13
age, prior to placement; 14
(30)[(29)] "Firearm" shall have the same meaning as in KRS 237.060 and 527.010; 15
(31)[(30)] "Foster family home" means a private home in which children are placed for 16
foster family care under supervision of the cabinet or a licensed child-placing 17
agency; 18
(32)[(31)] "Graduated sanction" means any of a continuum of accountability measures, 19
programs, and sanctions, ranging from less restrictive to more restrictive in nature, 20
that may include but are not limited to: 21
(a) Electronic monitoring; 22
(b) Drug and alcohol screening, testing, or monitoring; 23
(c) Day or evening reporting centers; 24
(d) Reporting requirements; 25
(e) Community service; and 26
(f) Rehabilitative interventions such as family counseling, substance abuse 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 7 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
treatment, restorative justice programs, and behavioral or mental health 1
treatment; 2
(33)[(32)] "Habitual runaway" means any child who has been found by the court to have 3
been absent from his or her place of lawful residence without the permission of his 4
or her custodian for at least three (3) days during a one (1) year period; 5
(34)[(33)] "Habitual truant" means any child who has been found by the court to have 6
been reported as a truant as defined in KRS 159.150(1) two (2) or more times 7
during a one (1) year period; 8
(35)[(34)] "Hospital" means, except for purposes of KRS Chapter 645, a licensed private 9
or public facility, health care facility, or part thereof, which is approved by the 10
cabinet to treat children; 11
(36)[(35)] "Independent living" means those activities necessary to assist a committed 12
child to establish independent living arrangements; 13
(37)[(36)] "Informal adjustment" means an agreement reached among the parties, with 14
consultation, but not the consent, of the victim of the crime or other persons 15
specified in KRS 610.070 if the victim chooses not to or is unable to participate, 16
after a petition has been filed, which is approved by the court, that the best interest 17
of the child would be served without formal adjudication and disposition; 18
(38)[(37)] "Intentionally" means, with respect to a result or to conduct described by a 19
statute which defines an offense, that the actor's conscious objective is to cause that 20
result or to engage in that conduct; 21
(39)[(38)] "Least restrictive alternative" means, except for purposes of KRS Chapter 22
645, that the program developed on the child's behalf is no more harsh, hazardous, 23
or intrusive than necessary; or involves no restrictions on physical movements nor 24
requirements for residential care except as reasonably necessary for the protection 25
of the child from physical injury; or protection of the community, and is conducted 26
at the suitable available facility closest to the child's place of residence to allow for 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 8 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
appropriate family engagement; 1
(40)[(39)] "Motor vehicle offense" means any violation of the nonfelony provisions of 2
KRS Chapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117; 3
(41)[(40)] "Near fatality" means an injury that, as certified by a physician, places a child 4
in serious or critical condition; 5
(42)[(41)] "Needs of the child" means necessary food, clothing, health, shelter, and 6
education; 7
(43)[(42)] "Nonoffender" means a child alleged to be dependent, neglected, or abused 8
and who has not been otherwise charged with a status or public offense; 9
(44)[(43)] "Nonsecure facility" means a facility which provides its residents access to 10
the surrounding community and which does not rely primarily on the use of 11
physically restricting construction and hardware to restrict freedom; 12
(45)[(44)] "Nonsecure setting" means a nonsecure facility or a residential home, 13
including a child's own home, where a child may be temporarily placed pending 14
further court action. Children before the court in a county that is served by a state 15
operated secure detention facility, who are in the detention custody of the 16
Department of Juvenile Justice, and who are placed in a nonsecure alternative by 17
the Department of Juvenile Justice, shall be supervised by the Department of 18
Juvenile Justice; 19
(46)[(45)] "Out-of-home placement" means a placement other than in the home of a 20
parent, relative, or guardian, in a boarding home, clinical treatment facility, 21
community-based facility, detention facility, emergency shelter, fictive kin home, 22
foster family home, hospital, nonsecure facility, physically secure facility, 23
residential treatment facility, or youth alternative center; 24
(47)[(46)] "Parent" means the biological or adoptive mother or father of a child; 25
(48)[(47)] "Person exercising custodial control or supervision" means a person or agency 26
that has assumed the role and responsibility of a parent or guardian for the child, but 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 9 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
that does not necessarily have legal custody of the child; 1
(49)[(48)] "Petition" means a verified statement, setting forth allegations in regard to the 2
child, which initiates formal court involvement in the child's case; 3
(50)[(49)] "Physical injury" means substantial physical pain or any impairment of 4
physical condition; 5
(51)[(50)] "Physically secure facility" means a facility that relies primarily on the use of 6
construction and hardware such as locks, bars, and fences to restrict freedom; 7
(52)[(51)] "Public offense action" means an action, excluding contempt, brought in the 8
interest of a child who is accused of committing an offense under KRS Chapter 527 9
or a public offense which, if committed by an adult, would be a crime, whether the 10
same is a felony, misdemeanor, or violation, other than an action alleging that a 11
child sixteen (16) years of age or older has committed a motor vehicle offense; 12
(53)[(52)] "Qualified mental health professional" means: 13
(a) A physician licensed under the laws of Kentucky to practice medicine or 14
osteopathy, or a medical officer of the government of the United States while 15
engaged in the performance of official duties; 16
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 17
osteopathy, or a medical officer of the government of the United States while 18
engaged in the practice of official duties, and who is certified or eligible to 19
apply for certification by the American Board of Psychiatry and Neurology, 20
Inc.; 21
(c) A psychologist with the health service provider designation, a psychological 22
practitioner, a certified psychologist, or a psychological associate licensed 23
under the provisions of KRS Chapter 319; 24
(d) A licensed registered nurse with a master's degree in psychiatric nursing from 25
an accredited institution and two (2) years of clinical experience with 26
mentally ill persons, or a licensed registered nurse with a bachelor's degree in 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 10 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
nursing from an accredited institution who is certified as a psychiatric and 1
mental health nurse by the American Nurses Association and who has three 2
(3) years of inpatient or outpatient clinical experience in psychiatric nursing 3
and who is currently employed by a hospital or forensic psychiatric facility 4
licensed by the Commonwealth or a psychiatric unit of a general hospital, a 5
private agency or company engaged in providing mental health services, or a 6
regional comprehensive care center; 7
(e) A licensed clinical social worker licensed under the provisions of KRS 8
335.100, or a certified social worker licensed under the provisions of KRS 9
335.080 with three (3) years of inpatient or outpatient clinical experience in 10
psychiatric social work and currently employed by a hospital or forensic 11
psychiatric facility licensed by the Commonwealth, a psychiatric unit of a 12
general hospital, a private agency or company engaged in providing mental 13
health services, or a regional comprehensive care center; 14
(f) A marriage and family therapist licensed under the provisions of KRS 15
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 16
experience in psychiatric mental health practice and currently employed by a 17
hospital or forensic psychiatric facility licensed by the Commonwealth, a 18
psychiatric unit of a general hospital, a private agency or company engaged in 19
providing mental health services, or a regional comprehensive care center; 20
(g) A professional counselor credentialed under the provisions of KRS 335.500 to 21
335.599 with three (3) years of inpatient or outpatient clinical experience in 22
psychiatric mental health practice and currently employed by a hospital or 23
forensic facility licensed by the Commonwealth, a psychiatric unit of a 24
general hospital, a private agency or company engaged in providing mental 25
health services, or a regional comprehensive care center; or 26
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 11 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
(1) of the following requirements: 1
1. Provides documentation that he or she has completed a psychiatric 2
residency program for physician assistants; 3
2. Has completed at least one thousand (1,000) hours of clinical experience 4
under a supervising physician, as defined by KRS 311.840, who is a 5
psychiatrist and is certified or eligible for certification by the American 6
Board of Psychiatry and Neurology, Inc.; 7
3. Holds a master's degree from a physician assistant program accredited 8
by the Accreditation Review Commission on Education for the 9
Physician Assistant or its predecessor or successor agencies, is 10
practicing under a supervising physician as defined by KRS 311.840, 11
and: 12
a. Has two (2) years of clinical experience in the assessment, 13
evaluation, and treatment of mental disorders; or 14
b. Has been employed by a hospital or forensic psychiatric facility 15
licensed by the Commonwealth or a psychiatric unit of a general 16
hospital or a private agency or company engaged in the provision 17
of mental health services or a regional community program for 18
mental health and individuals with an intellectual disability for at 19
least two (2) years; or 20
4. Holds a bachelor's degree, possesses a current physician assistant 21
certificate issued by the board prior to July 15, 2002, is practicing under 22
a supervising physician as defined by KRS 311.840, and: 23
a. Has three (3) years of clinical experience in the assessment, 24
evaluation, and treatment of mental disorders; or 25
b. Has been employed by a hospital or forensic psychiatric facility 26
licensed by the Commonwealth or a psychiatric unit of a general 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 12 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
hospital or a private agency or company engaged in the provision 1
of mental health services or a regional community program for 2
mental health and individuals with an intellectual disability for at 3
least three (3) years; 4
(54)[(53)] "Reasonable and prudent parent standard" has the same meaning as in 42 5
U.S.C. sec. 675(10); 6
(55)[(54)] "Residential treatment facility" means a facility or group home with more 7
than eight (8) beds designated by the Department of Juvenile Justice or the cabinet 8
for the treatment of children; 9
(56)[(55)] "Retain in custody" means, after a child has been taken into custody, the 10
continued holding of the child by a peace officer for a period of time not to exceed 11
twelve (12) hours when authorized by the court or the court-designated worker for 12
the purpose of making preliminary inquiries; 13
(57)[(56)] "Risk and needs assessment" means an actuarial tool scientifically proven to 14
identify specific factors and needs that are related to delinquent and noncriminal 15
misconduct; 16
(58)[(57)] "School personnel" means those certified persons under the supervision of the 17
local public or private education agency; 18
(59)[(58)] "Secretary" means the secretary of the Cabinet for Health and Family 19
Services; 20
(60)[(59)] "Secure juvenile detention facility" means any physically secure facility used 21
for the secure detention of children other than any facility in which adult prisoners 22
are confined; 23
(61)[(60)] "Serious physical injury" means physical injury which creates a substantial 24
risk of death or which causes serious and prolonged disfigurement, prolonged 25
impairment of health, or prolonged loss or impairment of the function of any bodily 26
member or organ; 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 13 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
(62)[(61)] "Sexual abuse" includes but is not necessarily limited to any contacts or 1
interactions in which the parent, guardian, person in a position of authority or 2
special trust, as defined in KRS 532.045, or other person having custodial control or 3
supervision of the child or responsibility for his or her welfare, uses or allows, 4
permits, or encourages the use of the child for the purposes of the sexual 5
stimulation of the perpetrator or another person; 6
(63)[(62)] "Sexual exploitation" includes but is not limited to a situation in which a 7
parent, guardian, person in a position of authority or special trust, as defined in 8
KRS 532.045, or other person having custodial control or supervision of a child or 9
responsible for his or her welfare, allows, permits, or encourages the child to 10
engage in an act which constitutes prostitution under Kentucky law; or 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 of obscene or pornographic photographing, filming, or depicting of 15
a child as provided for under Kentucky law; 16
(64)[(63)] "Social service worker" means any employee of the cabinet or any private 17
agency designated as such by the secretary of the cabinet or a social worker 18
employed by a county or city who has been approved by the cabinet to provide, 19
under its supervision, services to families and children; 20
(65)[(64)] "Staff secure facility for residential treatment" means any setting which 21
assures that all entrances and exits are under the exclusive control of the facility 22
staff, and in which a child may reside for the purpose of receiving treatment; 23
(66)[(65)] (a) "Status offense action" is any action brought in the interest of a child 24
who is accused of committing acts, which if committed by an adult, would not 25
be a crime. Such behavior shall not be considered criminal or delinquent and 26
such children shall be termed status offenders. Status offenses shall include: 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 14 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
1. Beyond the control of school or beyond the control of parents; 1
2. Habitual runaway; 2
3. Habitual truant; and 3
4. Alcohol offenses as provided in KRS 244.085. 4
(b) Status offenses shall not include violations of state or local ordinances which 5
may apply to children such as a violation of curfew; 6
(67)[(66)] "Take into custody" means the procedure by which a peace officer or other 7
authorized person initially assumes custody of a child. A child may be taken into 8
custody for a period of time not to exceed two (2) hours; 9
(68)[(67)] "Transitional living support" means all benefits to which an eligible youth is 10
entitled upon being granted extended or reinstated commitment to the cabinet by the 11
court; 12
(69)[(68)] "Transition plan" means a plan that is personalized at the direction of the 13
youth that: 14
(a) Includes specific options on housing, health insurance, education, local 15
opportunities for mentors and continuing support services, and workforce 16
supports and employment services; and 17
(b) Is as detailed as the youth may elect; 18
(70)[(69)] "Valid court order" means a court order issued by a judge to a child alleged or 19
found to be a status offender: 20
(a) Who was brought before the court and made subject to the order; 21
(b) Whose future conduct was regulated by the order; 22
(c) Who was given written and verbal warning of the consequences of the 23
violation of the order at the time the order was issued and whose attorney or 24
parent or legal guardian was also provided with a written notice of the 25
consequences of violation of the order, which notification is reflected in the 26
record of the court proceedings; and 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 15 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
(d) Who received, before the issuance of the order, the full due process rights 1
guaranteed by the Constitution of the United States; 2
(71)[(70)] "Violation" means any offense, other than a traffic infraction, for which a 3
sentence of a fine only can be imposed; 4
(72)[(71)] "Youth alternative center" means a nonsecure facility, approved by the 5
Department of Juvenile Justice, for the detention of juveniles, both prior to 6
adjudication and after adjudication, which meets the criteria specified in KRS 7
15A.320; and 8
(73)[(72)] "Youthful offender" means any person regardless of age, transferred to Circuit 9
Court under the provisions of KRS Chapter 635 or 640 and who is subsequently 10
convicted in Circuit Court. 11
Section 2. KRS 620.140 is amended to read as follows: 12
(1) In determining the disposition of all cases brought on behalf of dependent, 13
neglected, or abused children, the juvenile session of the District Court, in the best 14
interest of the child, shall have but shall not be limited to the following 15
dispositional alternatives: 16
(a) Informal adjustment of the case by agreement, which may be entered into at 17
any time. Informal adjustment may include an agreed plan by which: 18
1. The parent or other person exercising custodial control or supervision 19
agrees that grounds exist for a finding of dependency, neglect, or abuse, 20
and agrees to the conditions of protective orders under paragraph (b) of 21
this subsection for a duration of up to one (1) year; 22
2. The action will be dismissed by the court, without hearing, at the end of 23
the period agreed upon if no motion is brought alleging a violation of a 24
protective order; and 25
3. If a motion is brought alleging a violation of a protective order, a 26
hearing will be held at which the parent or other person exercising 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 16 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
custodial control or supervision may contest the alleged violation, but 1
may not contest the original grounds for a finding of dependency, 2
neglect, or abuse. If a violation is found to have occurred, the court may 3
consider other dispositional alternatives pursuant to this section; 4
(b) Protective orders, such as the following: 5
1. Requiring the parent or any other person to abstain from any conduct 6
abusing, neglecting, or making the child dependent; 7
2. Placing the child in his or her own home under supervision of the 8
cabinet or its designee with services as determined to be appropriate by 9
the cabinet; and 10
3. Orders authorized by KRS 403.715 to 403.785 and by KRS Chapter 11
456; 12
(c) Removal of the child to the custody of an adult relative, fictive kin, other 13
person, or child-caring facility or child-placing agency, taking into 14
consideration the wishes of the parent or other person exercising custodial 15
control or supervision. Before any child is committed to the cabinet or placed 16
out of his or her home under the supervision of the cabinet, the court shall 17
determine that reasonable efforts have been made by the court or the cabinet 18
to prevent or eliminate the need for removal and that continuation in the home 19
would be contrary to the welfare of the child. If a child is to be placed with an 20
adult relative or fictive kin, the child, if able, parent, or other person 21
exercising custodial control or supervision shall provide a list to the cabinet of 22
possible persons to be considered; 23
(d) Commitment of the child to the custody of the cabinet for placement for an 24
indeterminate period of time not to exceed his or her attainment of the age 25
eighteen (18), unless the youth elects to extend his or her commitment beyond 26
the age of eighteen (18) under paragraph (e) of this subsection. Beginning at 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 17 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
least six (6) months prior to an eligible youth attaining the age of eighteen 1
(18), the cabinet shall provide the eligible youth with education, 2
encouragement, assistance, and support regarding the development of a 3
transition plan, and inform the eligible youth of his or her right to extend 4
commitment beyond the age of eighteen (18); or 5
(e) Extend or reinstate an eligible youth's commitment up to the age of twenty-6
one (21) to receive transitional living support. The request shall be made by 7
the youth prior to attaining twenty (20) years of age. A youth may opt in or 8
out of extended commitment up to two (2) times prior to attaining twenty (20) 9
years of age, with a ninety (90) day grace period between the time he or she 10
exits and then reenters custody so long as there is documentation that his or 11
her request was submitted prior to attaining twenty (20) years of age. The 12
court may grant an extension or reinstatement of a youth's commitment even 13
if the concurrence of the cabinet occurs after the youth attains twenty (20) 14
years of age. Upon receipt of the request and with the concurrence of the 15
cabinet, the court may authorize commitment up to the age of twenty-one 16
(21). 17
(2) An order of temporary custody to the cabinet shall not be considered as a 18
permissible dispositional alternative. 19
Section 3. KRS 620.142 is amended to read as follows: 20
(1) The cabinet shall develop custodial, permanency, and service options, including but 21
not limited to monetary supports, that shall be available to a relative or fictive kin 22
caregiver in the instance that a child, who would otherwise be placed in another 23
out-of-home placement, is placed with him or her due to a cabinet finding that the 24
child is abused, neglected, or dependent, as determined by an assessment or 25
investigation conducted in accordance with this chapter. The custodial, 26
permanency, and service options available to a relative or fictive kin caregiver shall 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 18 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
include but not be limited to: 1
(a) A notification form that explains and describes the process by which a relative 2
or fictive kin caregiver can be certified as a child-specific foster home and the 3
financial and support benefits that come with that type of placement; 4
(b) A program for a one (1) time monetary benefit as established by an 5
administrative regulation promulgated in accordance with KRS Chapter 13A 6
per child given to the relative or fictive kin caregiver at the time a child is 7
placed with the relative or fictive kin caregiver; and 8
(c) A detailed placement packet that lists all types of supports, financial and 9
otherwise, that are available to a relative or fictive kin caregiver given to the 10
relative or fictive kin caregiver at the time a child is placed with the relative or 11
fictive kin caregiver. 12
(2) The cabinet shall disclose to a prospective relative or fictive kin caregiver each of 13
the options established in subsection (1) of this section prior to the child's 14
placement. The prospective relative or fictive kin caregiver shall select the option 15
that best represents the level of care and support needed for the child while the child 16
is receiving treatment and care in the placement with the relative or fictive kin 17
caregiver. 18
(3) At any time before or after a child is placed with a relative or fictive kin caregiver 19
in accordance with the provisions of Section 2 of this Act and this section, the 20
relative or fictive kin caregiver is eligible to apply to the cabinet to be certified as 21
a child-specific foster home for a child who is currently placed with or may be 22
placed with him or her. 23
(4) The custodial, permanency, and service options required by subsection (1) of this 24
section shall reflect nationally recognized best practices. 25
(5)[(4)] The cabinet shall maximize services available under federal and state law, 26
including but not limited to Titles IV and XIX of the Social Security Act, to fulfill 27 UNOFFICIAL COPY 24 RS SB 151/GA
Page 19 of 19
SB015110.100 - 1656 - XXXX 2/8/2024 3:19 PM GA
the requirements of this section. 1
(6) The cabinet shall, if necessary, seek any state or federal waivers to implement the 2
provisions of subsection (3) of this section. 3
(7)[(5)] The cabinet shall promulgate administrative regulations in accordance with 4
KRS Chapter 13A to implement this section. 5