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AN ACT relating to child welfare investigations. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 620.030 is amended to read as follows: 3
(1) Any person who knows or has reasonable cause to believe that a child is dependent, 4
neglected, or abused shall immediately cause an oral or written report to be made to 5
a local law enforcement agency or to the Department of Kentucky State Police, the 6
cabinet or its designated representative, the Commonwealth's attorney, or the 7
county attorney by telephone or otherwise. If the cabinet receives a report of abuse 8
or neglect allegedly committed by a person other than a parent, guardian, fictive 9
kin, person in a position of authority, person in a position of special trust, or person 10
exercising custodial control or supervision or if the report is related to a licensed 11
facility, the cabinet shall refer the matter to the Commonwealth's attorney or the 12
county attorney and the local law enforcement agency or the Department of 13
Kentucky State Police. Nothing in this section shall relieve individuals of their 14
obligations to report. The entity or person who receives the oral or written report 15
required by this section shall: 16
(a) Retain and store any information received; 17
(b) If receiving an oral report, notify the person making the report of the 18
following information: 19
1. The report is being recorded; 20
2. The person's identity will be kept confidential; and 21
3. There is a penalty for knowingly and intentionally making a false 22
report; 23
(c) Request and obtain the specific facts that gave rise to the reasonable 24
suspicion of child dependency, neglect, or abuse and the source or sources 25
of that information; and 26
(d) If a person is reporting conduct related to a licensed facility, request and 27 UNOFFICIAL COPY 24 RS BR 1945
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obtain the name, telephone number, and address of the person making the 1
report and his or her relationship to the facility. 2
(2) (a) Any person, including but not limited to a physician, osteopathic physician, 3
nurse, teacher, school personnel, social worker, coroner, medical examiner, 4
child-caring personnel, resident, intern, chiropractor, dentist, optometrist, 5
emergency medical technician, paramedic, health professional, mental health 6
professional, peace officer, or any organization or agency for any of the 7
above, who knows or has reasonable cause to believe that a child is 8
dependent, neglected, or abused, regardless of whether the person believed to 9
have caused the dependency, neglect, or abuse is a parent, guardian, fictive 10
kin, person in a position of authority, person in a position of special trust, 11
person exercising custodial control or supervision, or another person, or who 12
has attended such child as a part of his or her professional duties, shall: 13
1. Immediately make an oral report in accordance with subsection (1) of 14
this section; 15
2. Immediately notify the supervisor of the institution, school, facility, 16
agency, or designated agent of the person in charge; and 17
3. If requested, in addition to the report required in subsection (1) or (3) of 18
this section, file with the local law enforcement agency or the 19
Department of Kentucky State Police, the cabinet or its designated 20
representative, the Commonwealth's attorney, or county attorney within 21
forty-eight (48) hours of the original report a written report containing: 22
a. The names and addresses of the child and his or her parents or 23
other persons exercising custodial control or supervision; 24
b. The child's age; 25
c. The nature and extent of the child's alleged dependency, neglect, 26
or abuse, including any previous charges of dependency, neglect, 27 UNOFFICIAL COPY 24 RS BR 1945
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or abuse, to this child or his or her siblings; 1
d. The name and address of the person allegedly responsible for the 2
abuse or neglect; and 3
e. Any other information that the person making the report believes 4
may be helpful in the furtherance of the purpose of this section. 5
(b) Upon notification, the supervisor or the designated agent, if any, shall 6
facilitate the cooperation of the institution, school, facility, or agency with the 7
investigation of the report. 8
(c) Any person who knowingly causes intimidation, retaliation, or obstruction in 9
the investigation of the report shall be guilty of a Class A misdemeanor. 10
(d) This section shall not require more than one (1) report from any institution, 11
school, facility, or agency. 12
(3) Any person who knows or has reasonable cause to believe that a child is a victim of 13
human trafficking as defined in KRS 529.010 shall immediately cause an oral or 14
written report to be made to a local law enforcement agency or the Department of 15
Kentucky State Police; or the cabinet or its designated representative; or the 16
Commonwealth's attorney or the county attorney; by telephone or otherwise. This 17
subsection shall apply regardless of whether the person believed to have caused the 18
human trafficking of the child is a parent, guardian, fictive kin, person in a position 19
of authority, person in a position of special trust, or person exercising custodial 20
control or supervision. 21
(4) Any person who knows or has reasonable cause to believe that a child is a victim of 22
female genital mutilation as defined in KRS 508.125 shall immediately cause an 23
oral or written report to be made by telephone or otherwise to: 24
(a) A local law enforcement agency or the Department of Kentucky State Police; 25
(b) The cabinet or its designated representative; or 26
(c) The Commonwealth's attorney or the county attorney. 27 UNOFFICIAL COPY 24 RS BR 1945
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This subsection shall apply regardless of whether the person believed to have 1
caused the female genital mutilation of the child is a parent, guardian, or person 2
exercising custodial control or supervision. 3
(5) Neither the husband-wife nor any professional-client/patient privilege, except the 4
attorney-client and clergy-penitent privilege, shall be a ground for refusing to report 5
under this section or for excluding evidence regarding a dependent, neglected, or 6
abused child or the cause thereof, in any judicial proceedings resulting from a report 7
pursuant to this section. This subsection shall also apply in any criminal proceeding 8
in District or Circuit Court regarding a dependent, neglected, or abused child. 9
(6) The cabinet upon request shall receive from any agency of the state or any other 10
agency, institution, or facility providing services to the child or his or her family, 11
such cooperation, assistance, and information as will enable the cabinet to fulfill its 12
responsibilities under KRS 620.030, 620.040, and 620.050. 13
(7) [Nothing in this section shall limit the cabinet's investigatory authority under KRS 14
620.050 or any other obligation imposed by law. 15
(8) ]Any person who is aware of potential harm to a child but who reasonably 16
believes it is not a result of abuse, neglect, or dependency, is under no obligation 17
to report. 18
(8) Any person who intentionally violates the provisions of this section shall be guilty 19
of a: 20
(a) Class B misdemeanor for the first offense; 21
(b) Class A misdemeanor for the second offense; and 22
(c) Class D felony for each subsequent offense. 23