UNOFFICIAL COPY 24 RS BR 900
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AN ACT relating to best interests of a child. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 620.023 is amended to read as follows: 3
(1) Evidence of the following circumstances, if relevant, shall be considered by the 4
court in all proceedings conducted pursuant to KRS Chapter 620 in which the court 5
is required to render decisions in the best interest of the child: 6
(a) Mental illness as defined in KRS 202A.011 or an intellectual disability as 7
defined in KRS 202B.010 of the parent, as attested to by a qualified mental 8
health professional, which renders the parent unable to care for the immediate 9
and ongoing needs of the child; 10
(b) Acts of abuse or neglect as defined in KRS 600.020 toward any child; 11
(c) Substance use disorder, as defined in KRS 222.005, that results in an 12
incapacity by the parent or caretaker to provide essential care and protection 13
for the child; 14
(d) A finding of domestic violence and abuse as defined in KRS 403.720, whether 15
or not committed in the presence of the child; 16
(e) Any other crime committed by a parent which results in the death or 17
permanent physical or mental disability of a member of that parent's family or 18
household; and 19
(f) The existence of any guardianship or conservatorship of the parent pursuant to 20
a determination of disability or partial disability as made under KRS 387.500 21
to 387.770 and 387.990. 22
(2) (a) In determining the best interest of the child, the court may consider: 23
1. The effectiveness of rehabilitative efforts made by the parent or 24
caretaker intended to address circumstances in this section;[.] 25
2. Whether the harm likely to be caused by a change of environment is 26
outweighed by its advantages to the child; 27 UNOFFICIAL COPY 24 RS BR 900
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3. The child's adjustment and continuing proximity to his or her home, 1
school, and community; 2
4. The interaction and interrelationship of the child with his or her 3
parent or parents, siblings, and any other person who may 4
significantly affect the child's best interests and the likelihood the 5
child will be able to maintain those relationships; 6
5. The least restrictive and disruptive placement for the child; 7
6. The potential risks associated with entering out-of-home care; 8
7. The constitutional rights of all parties; 9
8. The child's physical and mental health; 10
9. The wishes of the child with due consideration given to any outside 11
influence and its impact on the child's wishes; and 12
10. The existence of a strong support system for the child. 13
(b) The court shall not consider the socioeconomic status of the parent or 14
caretaker when determining the best interests of the child. 15