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AN ACT relating to dependency, neglect, and abuse. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
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, or that a child has been born to a parent who has another 5
child in the care, custody, or control of the cabinet or other person as a result of 6
removal pursuant to this chapter, shall immediately cause an oral or written report, 7
including but not limited to electronic submissions, to be made to a local law 8
enforcement agency or to the Department of Kentucky State Police, the cabinet or 9
its designated representative, the Commonwealth's attorney, or the county attorney 10
by telephone or otherwise. If the cabinet receives a report of abuse or neglect 11
allegedly committed by a person other than a parent, guardian, fictive kin, person in 12
a position of authority, person in a position of special trust, or person exercising 13
custodial control or supervision, the cabinet shall refer the matter to the 14
Commonwealth's attorney or the county attorney and the local law enforcement 15
agency or the Department of Kentucky State Police. Nothing in this section shall 16
relieve individuals of their obligations to report. 17
(2) (a) Any person, including but not limited to a physician, osteopathic physician, 18
nurse, teacher, school personnel, social worker, coroner, medical examiner, 19
child-caring personnel, resident, intern, chiropractor, dentist, optometrist, 20
emergency medical technician, paramedic, health professional, mental health 21
professional, peace officer, or any organization or agency for any of the 22
above, who knows or has reasonable cause to believe that a child is 23
dependent, neglected, or abused, regardless of whether the person believed to 24
have caused the dependency, neglect, or abuse is a parent, guardian, fictive 25
kin, person in a position of authority, person in a position of special trust, 26
person exercising custodial control or supervision, or another person, or who 27 UNOFFICIAL COPY 25 RS BR 1085
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has attended such child as a part of his or her professional duties, shall: 1
1. Immediately make an oral or written report, including but not limited to 2
electronic submissions, in accordance with subsection (1) of this section; 3
2. Immediately notify the supervisor of the institution, school, facility, 4
agency, or designated agent of the person in charge; and 5
3. If requested, in addition to the report required in subsection (1) or (3) of 6
this section, file with the local law enforcement agency or the 7
Department of Kentucky State Police, the cabinet or its designated 8
representative, the Commonwealth's attorney, or county attorney within 9
forty-eight (48) hours of the original report a written report, including 10
but not limited to electronic submissions, containing: 11
a. The names and addresses of the child and his or her parents or 12
other persons exercising custodial control or supervision; 13
b. The child's age; 14
c. The nature and extent of the child's alleged dependency, neglect, 15
or abuse, including any previous charges of dependency, neglect, 16
or abuse, to this child or his or her siblings; 17
d. The name and address of the person allegedly responsible for the 18
abuse or neglect; and 19
e. Any other information that the person making the report believes 20
may be helpful in the furtherance of the purpose of this section. 21
(b) Upon notification, the supervisor or the designated agent, if any, shall 22
facilitate the cooperation of the institution, school, facility, or agency with the 23
investigation of the report. 24
(c) Any person who knowingly causes intimidation, retaliation, or obstruction in 25
the investigation of the report shall be guilty of a Class A misdemeanor. 26
(d) This section shall not require more than one (1) report from any institution, 27 UNOFFICIAL COPY 25 RS BR 1085
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school, facility, or agency. 1
(3) Any person who knows or has reasonable cause to believe that a child is a victim of 2
human trafficking as defined in KRS 529.010 shall immediately cause an oral or 3
written report, including but not limited to electronic submissions, to be made to a 4
local law enforcement agency or the Department of Kentucky State Police; or the 5
cabinet or its designated representative; or the Commonwealth's attorney or the 6
county attorney; by telephone or otherwise. This subsection shall apply regardless 7
of whether the person believed to have caused the human trafficking of the child is 8
a parent, guardian, fictive kin, person in a position of authority, person in a position 9
of special trust, or person exercising custodial control or supervision. 10
(4) Any person who knows or has reasonable cause to believe that a child is a victim of 11
female genital mutilation as defined in KRS 508.125 shall immediately cause an 12
oral or written report, including but not limited to electronic submissions, to be 13
made by telephone or otherwise to: 14
(a) A local law enforcement agency or the Department of Kentucky State Police; 15
(b) The cabinet or its designated representative; or 16
(c) The Commonwealth's attorney or the county attorney. 17
This subsection shall apply regardless of whether the person believed to have 18
caused the female genital mutilation of the child is a parent, guardian, or person 19
exercising custodial control or supervision. 20
(5) Neither the husband-wife nor any professional-client/patient privilege, except the 21
attorney-client and clergy-penitent privilege, shall be a ground for refusing to report 22
under this section or for excluding evidence regarding a dependent, neglected, or 23
abused child or the cause thereof, in any judicial proceedings resulting from a report 24
pursuant to this section. This subsection shall also apply in any criminal proceeding 25
in District or Circuit Court regarding a dependent, neglected, or abused child. 26
(6) The cabinet shall establish and operate a statewide reporting system for the public 27 UNOFFICIAL COPY 25 RS BR 1085
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to make reports of child dependency, neglect, and abuse via telephone call or 1
written report, including but not limited to electronic submissions. The statewide 2
reporting system shall operate a twenty-four (24) hour on-call response system that 3
includes but is not limited to a child abuse hotline for the receipt of emergency and 4
nonemergency reports of child dependency, neglect, and abuse during and after 5
normal office hours. The cabinet may use contract employees to operate the system. 6
(7) The cabinet upon request shall receive from any agency of the state or any other 7
agency, institution, or facility providing services to the child or his or her family, 8
such cooperation, assistance, and information as will enable the cabinet to fulfill its 9
responsibilities under KRS 620.030, 620.040, and 620.050. 10
(8) Nothing in this section shall limit the cabinet's investigatory authority under KRS 11
620.050 or any other obligation imposed by law. 12
(9) Any person who intentionally violates the provisions of this section shall be guilty 13
of a: 14
(a) Class B misdemeanor for the first offense; 15
(b) Class A misdemeanor for the second offense; and 16
(c) Class D felony for each subsequent offense. 17
Section 2. KRS 620.040 is amended to read as follows: 18
(1) (a) Upon receipt of a report alleging abuse or neglect of a child as defined in KRS 19
600.020 by a parent, guardian, fictive kin, person in a position of authority, 20
person in a position of special trust, or person exercising custodial control or 21
supervision, pursuant to KRS 620.030(1) or (2), [or ]a report alleging a child 22
is a victim of human trafficking pursuant to KRS 620.030(3), or a report that 23
a child has been born to a parent who has another child in the care, 24
custody, or control of the cabinet or other person as a result of removal 25
pursuant to this chapter, the recipient of the report shall immediately notify 26
the cabinet or its designated representative, the local law enforcement agency 27 UNOFFICIAL COPY 25 RS BR 1085
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or the Department of Kentucky State Police, and the Commonwealth's or 1
county attorney of the receipt of the report. If any agency listed above is the 2
reporting source, the recipient shall immediately notify the cabinet or its 3
designated representative, the local law enforcement agency, the Department 4
of Kentucky State Police, and the Commonwealth's or county attorney of the 5
receipt of the report. 6
(b) Based upon the allegation in the report, the cabinet shall immediately make an 7
initial determination as to the risk of harm and immediate safety of the child. 8
Based upon the level of risk determined, the cabinet shall investigate the 9
allegation or accept the report for an assessment of family needs and, if 10
appropriate, may provide or make referral to any community-based services 11
necessary to reduce risk to the child and to provide family support. A report of 12
sexual abuse or human trafficking of a child shall be considered high risk and 13
shall not be referred to any other community agency. 14
(c) 1. There is a rebuttable presumption that a child born to a parent who 15
has another child in the care, custody, or control of the cabinet or 16
other person as a result of removal pursuant to this chapter is in 17
immediate danger of dependency, neglect, or abuse, and the cabinet 18
shall immediately make an initial determination as to the risk of harm 19
and immediate safety of the child. If the cabinet does not locate the 20
child within fourteen (14) days to make the initial determination, the 21
cabinet shall contact local law enforcement to assist in locating the 22
child. If the cabinet determines that the presumption has been 23
rebutted, either due to the fact that the parent is successfully 24
participating in cabinet- or court-directed services or due to other 25
reasons, and the child is not subject to an immediate threat to the 26
child's health or safety, the cabinet shall maintain a record of the 27 UNOFFICIAL COPY 25 RS BR 1085
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determination; the previous allegations, complaints, or petitions 1
against the parent; and the evidence rebutting the presumption to have 2
an additional level of review by the Commissioner of the Department 3
for Community Based Services within the cabinet or designee. 4
2. Following removal of a child from the custody of the child's parent 5
after an investigation required by this paragraph, the cabinet shall not 6
return the child to the parent's custody unless: 7
a. A guardian ad litem has been appointed for the child; 8
b. A full investigation has been conducted by the department as 9
required by this section, and the results of the investigation, 10
including any previous allegations, complaints, or petitions of 11
dependency, neglect, or abuse against the parent, have been 12
presented to the court at a hearing to determine whether the 13
child is dependent, neglected, or abused; and 14
c. The court determines by a preponderance of evidence that the 15
child will be provided a safe home. 16
(d) In making the initial determination as to the risk of harm and immediate 17
safety of the child pursuant to paragraph (b) of this subsection, the cabinet 18
shall at a minimum: 19
1. Consider the age and vulnerability of a child, particularly for ages five 20
(5) years of age and under, when assessing allegations of abuse and 21
neglect; 22
2. Automatically accept for investigation a subsequent report from a 23
professional reporting source, who makes a report pursuant to the 24
requirements in KRS Chapter 620 that a child is abused or neglected and 25
identifies himself or herself by name, title, and employer, when the same 26
or similar allegation has been reported by one (1) or more unique 27 UNOFFICIAL COPY 25 RS BR 1085
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professional reporting sources within the past thirty (30) days. For the 1
purposes of this subparagraph "professional reporting source" means an 2
individual who is a social worker, therapist, medical professional, 3
educator, judge, attorney, law enforcement officer, or any other 4
individual holding a degree or position in a field related to the safety and 5
care of children; and 6
3. Automatically accept for investigation a report from a court of 7
appropriate jurisdiction that makes a report pursuant to the requirements 8
in KRS Chapter 620 that a child is abused or neglected or identifies that 9
the child is a plaintiff in an active emergency protective order or 10
interpersonal protection order case. 11
(e)[(d)] The cabinet shall, within seventy-two (72) hours, exclusive of weekends 12
and holidays, make a written report, including but not limited to electronic 13
submissions, to the Commonwealth's or county attorney and the local law 14
enforcement agency or the Department of Kentucky State Police concerning 15
the action that has been taken on the investigation. 16
(f)[(e)] If the report alleges abuse or neglect by someone other than a parent, 17
guardian, fictive kin, person in a position of authority, person in a position of 18
special trust, or person exercising custodial control or supervision, or the 19
human trafficking of a child, the cabinet shall immediately notify the 20
Commonwealth's or county attorney and the local law enforcement agency or 21
the Department of Kentucky State Police. 22
(2) (a) Upon receipt of a report alleging dependency pursuant to KRS 620.030(1) and 23
(2), the recipient shall immediately notify the cabinet or its designated 24
representative. 25
(b) Based upon the allegation in the report, the cabinet shall immediately make an 26
initial determination as to the risk of harm and immediate safety of the child. 27 UNOFFICIAL COPY 25 RS BR 1085
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Based upon the level of risk, the cabinet shall investigate the allegation or 1
accept the report for an assessment of family needs and, if appropriate, may 2
provide or make referral to any community-based services necessary to reduce 3
risk to the child and to provide family support. A report of sexual abuse or 4
human trafficking of a child shall be considered high risk and shall not be 5
referred to any other community agency. 6
(c) In making the initial determination as to the risk of harm and immediate 7
safety of the child pursuant to paragraph (b) of this subsection, the cabinet 8
shall at a minimum: 9
1. Consider the age and vulnerability of a child, particularly for ages five 10
(5) years of age and under, when assessing allegations of dependency; 11
2. Automatically accept for investigation a subsequent report from a 12
professional reporting source, who makes a report pursuant to the 13
requirements in KRS Chapter 620 that a child is dependent and 14
identifies himself or herself by name, title, and employer, when the same 15
or similar allegation has been reported by one (1) or more unique 16
professional reporting sources within the past thirty (30) days. For the 17
purposes of this subparagraph "professional reporting source" means an 18
individual who is a social worker, therapist, medical professional, 19
educator, judge, attorney, law enforcement officer, or any other 20
individual holding a degree or position in a field related to the safety and 21
care of children; and 22
3. Automatically accept for investigation a report from a court of 23
appropriate jurisdiction that makes a report pursuant to the requirements 24
in KRS Chapter 620 that a child is dependent or identifies that the child 25
is a plaintiff in an active emergency protective order or interpersonal 26
protection order case. 27 UNOFFICIAL COPY 25 RS BR 1085
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(d) The cabinet need not notify the local law enforcement agency or the 1
Department of Kentucky State Police or Commonwealth's or county attorney 2
of reports made under this subsection unless the report involves the human 3
trafficking of a child, in which case the notification shall be required. 4
(3) If the cabinet or its designated representative receives a report of abuse by a person 5
other than a parent, guardian, fictive kin, person in a position of authority, person in 6
a position of special trust, or other person exercising custodial control or 7
supervision of a child, it shall immediately notify the local law enforcement agency 8
or the Department of Kentucky State Police and the Commonwealth's or county 9
attorney of the receipt of the report and its contents, and they shall investigate the 10
matter. The cabinet or its designated representative shall participate in an 11
investigation of noncustodial physical abuse or neglect at the request of the local 12
law enforcement agency or the Department of Kentucky State Police. The cabinet 13
shall participate in all investigations of reported or suspected sexual abuse or human 14
trafficking of a child. 15
(4) School personnel or other persons listed in KRS 620.030(2) do not have the 16
authority to conduct internal investigations in lieu of the official investigations 17
outlined in this section. 18
(5) (a) If, after receiving the report, the law enforcement officer, the cabinet, or its 19
designated representative cannot gain admission to the location of the child, a 20
search warrant shall be requested from, and may be issued by, the judge to the 21
appropriate law enforcement official upon probable cause that the child is 22
dependent, neglected, or abused. If, pursuant to a search under a warrant, a 23
child is discovered and appears to be in imminent danger, the child may be 24
removed by the law enforcement officer. 25
(b) If a child who is in a hospital or under the immediate care of a physician 26
appears to be in imminent danger if he or she is returned to the persons having 27 UNOFFICIAL COPY 25 RS BR 1085
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custody of him or her, the physician or hospital administrator may hold the 1
child without court order, provided that a request is made to the court for an 2
emergency custody order at the earliest practicable time, not to exceed 3
seventy-two (72) hours. 4
(c) Any appropriate law enforcement officer may take a child into protective 5
custody and may hold that child in protective custody without the consent of 6
the parent or other person exercising custodial control or supervision if there 7
exist reasonable grounds for the officer to believe that the child is in danger of 8
imminent death or serious physical injury, is being sexually abused, or is a 9
victim of human trafficking and that the parents or other person exercising 10
custodial control or supervision are unable or unwilling to protect the child. 11
The officer or the person to whom the officer entrusts the child shall, within 12
twelve (12) hours of taking the child into protective custody, request the court 13
to issue an emergency custody order. 14
(d) When a law enforcement officer, hospital administrator, or physician takes a 15
child into custody without the consent of the parent or other person exercising 16
custodial control or supervision, he or she shall provide written notice to the 17
parent or other person stating the reasons for removal of the child. Failure of 18
the parent or other person to receive notice shall not, by itself, be cause for 19
civil or criminal liability. 20
(e) 1. If a report includes a child fatality or near fatality, and the law 21
enforcement officer has reasonable grounds to believe any parent or 22
person exercising custodial control or supervision of the child was under 23
the influence of alcohol or drugs at the time the fatality or near fatality 24
occurred, the law enforcement officer shall request a test of blood, 25
breath, or urine from that person. 26
2. If, after making the request, consent is not given for the test of blood, 27 UNOFFICIAL COPY 25 RS BR 1085
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breath, or urine, a search warrant shall be requested from and may be 1
issued by the judge to the appropriate law enforcement official upon 2
probable cause that a child fatality or near fatality has occurred and that 3
the person exercising custodial control or supervision of the child at the 4
time of the fatality or near fatality was under the influence. 5
3. Any test requested under this section shall be conducted pursuant to the 6
testing procedures and requirements in KRS 189A.103. 7
(6) The cabinet shall make efforts as soon as practicable to determine any military 8
status of a parent or legal guardian of a child who is the subject of an investigation 9
or assessment pursuant to this section. If the cabinet determines that the parent or 10
legal guardian is a member of the United States Armed Forces, the cabinet shall 11
notify the Department of Defense family advocacy program operating within the 12
service member's assigned installation of the investigation or assessment and 13
provide case information. 14
(7) To the extent practicable and when in the best interest of a child alleged to have 15
been abused, interviews with the child shall be conducted at a children's advocacy 16
center. 17
(8) (a) One (1) or more multidisciplinary teams may be established in every county 18
or group of contiguous counties. 19
(b) Membership of the multidisciplinary team shall include but shall not be 20
limited to social service workers employed by the Cabinet for Health and 21
Family Services and law enforcement officers. Additional team members may 22
include Commonwealth's and county attorneys, children's advocacy center 23
staff, mental health professionals, medical professionals, victim advocates 24
including advocates for victims of human trafficking, educators, and other 25
related professionals, as deemed appropriate. 26
(c) The multidisciplinary team shall review child sexual abuse cases and child 27 UNOFFICIAL COPY 25 RS BR 1085
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human trafficking cases involving commercial sexual activity referred by 1
participating professionals, including those in which the alleged perpetrator 2
does not have custodial control or supervision of the child or is not 3
responsible for the child's welfare. The purpose of the multidisciplinary team 4
shall be to review investigations, assess service delivery, and to facilitate 5
efficient and appropriate disposition of cases through the criminal justice 6
system. 7
(d) The team shall hold regularly scheduled meetings if new reports of sexual 8
abuse or child human trafficking cases involving commercial sexual activity 9
are received or if active cases exist. At each meeting, each active case shall be 10
presented and the agencies' responses assessed. 11
(e) The multidisciplinary team shall provide an annual report to the public of 12
nonidentifying case information to allow assessment of the processing and 13
disposition of child sexual abuse cases and child human trafficking cases 14
involving commercial sexual activity. 15
(f) Multidisciplinary team members and anyone invited by the multidisciplinary 16
team to participate in a meeting shall not divulge case information, including 17
information regarding the identity of the victim or source of the report. Team 18
members and others attending meetings shall sign a confidentiality statement 19
that is consistent with statutory prohibitions on disclosure of this information. 20
(g) The multidisciplinary team shall, pursuant to KRS 431.600 and 431.660, 21
develop a local protocol consistent with the model protocol issued by the 22
Kentucky Multidisciplinary Commission on Child Sexual Abuse. The local 23
team shall submit the protocol to the commission for review and approval. 24
(h) The multidisciplinary team review of a case may include information from 25
reports generated by agencies, organizations, or individuals that are 26
responsible for investigation, prosecution, or treatment in the case, KRS 27 UNOFFICIAL COPY 25 RS BR 1085
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610.320 to KRS 610.340 notwithstanding. 1
(i) To the extent practicable, multidisciplinary teams shall be staffed by the local 2
children's advocacy center. 3
(9) Nothing in this section shall limit the cabinet's investigatory authority under KRS 4
620.050 or any other obligation imposed by law. 5
Section 3. KRS 620.050 is amended to read as follows: 6
(1) Anyone acting upon reasonable cause in the making of a report or acting under 7
KRS 620.030 to 620.050 in good faith shall have immunity from any liability, civil 8
or criminal, that might otherwise be incurred or imposed. Any such participant shall 9
have the same immunity with respect to participation in any judicial proceeding 10
resulting from such report or action. However, any person who knowingly makes a 11
false report and does so with malice shall be guilty of a Class A misdemeanor. 12
(2) Any employee or designated agent of a children's advocacy center shall be immune 13
from any civil liability arising from performance within the scope of the person's 14
duties as provided in KRS 620.030 to 620.050. Any such person shall have the 15
same immunity with respect to participation in any judicial proceeding. Nothing in 16
this subsection shall limit liability for negligence. Upon the request of an employee 17
or designated agent of a children's advocacy center, the Attorney General shall 18
provide for the defense of any civil action brought against the employee or 19
designated agent as provided under KRS 12.211 to 12.215. 20
(3) Neither the husband-wife nor any professional-client/patient privilege, except the 21
attorney-client and clergy-penitent privilege, shall be a ground for refusing to report 22
under this section or for excluding evidence regarding a dependent, neglected, or 23
abused child or the cause thereof, in any judicial proceedings resulting from a report 24
pursuant to this section. This subsection shall also apply in any criminal proceeding 25
in District or Circuit Court regarding a dependent, neglected, or abused child. 26
(4) Upon receipt of a report of an abused, neglected, or dependent child pursuant to this 27 UNOFFICIAL COPY 25 RS BR 1085
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chapter, or a report of a child who has been born to a parent who has another 1
child in the care, custody, or control of the cabinet or other person as a result of 2
removal pursuant to this chapter, the cabinet as the designated agency or its 3
delegated representative shall initiate a prompt investigation or assessment of 4
family needs, take necessary action, and shall offer protective services toward 5
safeguarding the welfare of the child. The cabinet shall work toward preventing 6
further dependency, neglect, or abuse of the child or any other child under the same 7
care, and preserve and strengthen family life, where possible, by enhancing parental 8
capacity for adequate child care. If an oral or written report, including but not 9
limited to electronic submissions, alleging that a child is dependent, neglected, or 10
abused is made pursuant to this section, and the cabinet determines that the report 11
does not meet criteria for an investigation, the cabinet shall refer the family to 12
appropriate community-based child and family service agencies for services to 13
preserve and strengthen family life in accordance with the requirements in 42 14
U.S.C. sec. 5106a. 15
(5) The report of suspected child abuse, neglect, or dependency and all information 16
obtained by the cabinet or its delegated representative, as a result of an investigation 17
or assessment made pursuant to this chapter, except for those records provided for 18
in subsection (6) of this section, shall not be divulged to anyone except: 19
(a) Persons suspected of causing dependency, neglect, or abuse; 20
(b) The custodial parent or legal guardian of the child alleged to be dependent, 21
neglected, or abused; 22
(c) Persons within the cabinet with a legitimate interest or responsibility related 23
to the case; 24
(d) A licensed child-caring facility or child-placing agency evaluating placement 25
for or serving a child who is believed to be the victim of an abuse, neglect, or 26
dependency report; 27 UNOFFICIAL COPY 25 RS BR 1085
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(e) Other medical, psychological, educational, or social service agencies, child 1
care administrators, corrections personnel, or law enforcement agencies, 2
including the county attorney's office, the coroner, and the local child fatality 3
response team, that have a legitimate interest in the case; 4
(f) A noncustodial parent when the dependency, neglect, or abuse is 5
substantiated; 6
(g) Members of multidisciplinary teams as defined by KRS 620.020 and which 7
operate pursuant to KRS 431.600; 8
(h) Employees or designated agents of a children's advocacy center; 9
(i) Those persons so authorized by court order; or 10
(j) The external child fatality and near fatality review panel established by KRS 11
620.055. 12
(6) (a) Files, reports, notes, photographs, records, electronic and other 13
communications, and working papers used or developed by a children's 14
advocacy center in providing services under this chapter are confidential and 15
shall not be disclosed except to the following persons: 16
1. Staff employed by the cabinet, law enforcement officers, and 17
Commonwealth's and county attorneys who are directly involved in the 18
investigation or prosecution of the case, including a cabinet 19
investigation or assessment of child abuse, neglect, and dependency in 20
accordance with this chapter; 21
2. Medical and mental health professionals listed by name in a release of 22
information signed by the guardian of the child, provided that the 23
information shared is limited to that necessary to promote the physical 24
or psychological health of the child or to treat the child for abuse-related 25
symptoms; 26
3. The court and those persons so authorized by a court order; 27 UNOFFICIAL COPY 25 RS BR 1085
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4. The external child fatality and near fatality review panel established by 1
KRS 620.055; and 2
5. The parties to an administrative hearing conducted by the cabinet or its 3
designee in accordance with KRS Chapter 13B in an appeal of a cabinet-4
substantiated finding of abuse or neglect. The children's advocacy center 5
may, in its sole discretion, provide testimony in lieu of files, reports, 6
notes, photographs, records, electronic and other communications, and 7
working papers used or developed by the center if the center determines 8
that the release poses a threat to the safety or well-being of the child, or 9
would be in the best interests of the child. Following the administrative 10
hearing and any judicial review, the parties to the administrative hearing 11
shall return all files, reports, notes, photographs, records, electronic and 12
other communications, and working papers used or developed by the 13
children's advocacy center to the center. 14
(b) The provisions of this subsection shall not be construed as to contravene the 15
Rules of Criminal Procedure relating to discovery. 16
(7) Nothing in this section shall prohibit a parent or guardian from accessing records 17
for his or her child providing that the parent or guardian is not currently under 18
investigation by a law enforcement agency or the cabinet relating to the abuse or 19
neglect of a child. 20
(8) Nothing in this section shall prohibit employees or designated agents of a children's 21
advocacy center from disclosing information during a multidisciplinary team 22
review of a child sexual abuse case as set forth under KRS 620.040. Persons 23
receiving this information shall sign a confidentiality statement consistent with 24
statutory prohibitions on disclosure of this information. 25
(9) Employees or designated agents of a children's advocacy center may confirm to 26
another children's advocacy center that a child has been seen for services. If an 27 UNOFFICIAL COPY 25 RS BR 1085
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information release has been signed by the guardian of the child, a children's 1
advocacy center may disclose relevant information to another children's advocacy 2
center. 3
(10) (a) An interview of a child recorded at a children's advocacy center shall not be 4
duplicated, except that the Commonwealth's or county attorney prosecuting 5
the case may: 6
1. Make and retain one (1) copy of the interview; and 7
2. Make one (1) copy for the defendant's or respondent's counsel that the 8
defendant's or respondent's counsel shall not duplicate. 9
(b) The defendant's or respondent's counsel shall file the copy with the court clerk 10
at the close of the case. 11
(c) Unless objected to by the victim or victims, the court, on its own motion, or 12
on motion of the attorney for the Commonwealth shall order all recorded 13
interviews that are introduced into evidence or are in the possession of the 14
children's advocacy center, law enforcement, the prosecution, or the court to 15
be sealed. 16
(d) The provisions of this subsection shall not be construed as to contravene the 17
Rules of Criminal Procedure relating to discovery. 18
(11) Identifying information concerning the individual initiating the report under KRS 19
620.030 shall not be disclosed except: 20
(a) To law enforcement officials that have a legitimate interest in the case; 21
(b) To the agency designated by the cabinet to investigate or assess the report; 22
(c) To members of multidisciplinary teams as defined by KRS 620.020 that 23
operated under KRS 431.600; 24
(d) Under a court order, after the court has conducted an in camera review of the 25
record of the state related to the report and has found reasonable cause to 26
believe that the reporter knowingly made a false report; or 27 UNOFFICIAL COPY 25 RS BR 1085
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(e) The external child fatality and near fatality review panel established by KRS 1
620.055. 2
(12) (a) Information may be publicly disclosed by the cabinet in a case where child 3
abuse or neglect has resulted in a child fatality or near fatality. 4
(b) The cabinet shall conduct an internal review of any case where child abuse or 5
neglect has resulted in a child fatality or near fatality and the cabinet had prior 6
involvement with the child or family. The cabinet shall prepare a summary 7
that includes an account of: 8
1. The cabinet's actions and any policy or personnel changes taken or to be 9
taken, including the results of appeals, as a result of the findings from 10
the internal review; and 11
2. Any cooperation, assistance, or information from any agency of the state 12
or any other agency, institution, or facility providing services to the 13
child or family that were requested and received by the cabinet during 14
the investigation of a child fatality or near fatality. 15
(c) The cabinet shall submit a report by September 1 of each year containing an 16
analysis of all summaries of internal reviews occurring during the previous 17
year and an analysis of historical trends to the Governor, the General 18
Assembly, and the state child fatality review team created under KRS 19
211.684. 20
(13) When an adult who is the subject of information made confidential by subsection 21
(5) of this section publicly reveals or causes to be revealed any significant part of 22
the confidential matter or information, the confidentiality afforded by subsection (5) 23
of this section is presumed voluntarily waived, and confidential information and 24
records about the person making or causing the public disclosure, not already 25
disclosed but related to the information made public, may be disclosed if disclosure 26
is in the best interest of the child or is necessary for the administration of the 27 UNOFFICIAL COPY 25 RS BR 1085
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cabinet's duties under this chapter. 1
(14) As a result of any report of suspected child abuse or neglect, photographs and X-2
rays or other appropriate medical diagnostic procedures may be taken or caused to 3
be taken, without the consent of the parent or other person exercising custodial 4
control or supervision of the child, as a part of the medical evaluation or 5
investigation of these reports. These photographs and X-rays or results of other 6
medical diagnostic procedures may be introduced into evidence in any subsequent 7
judicial proceedings or an administrative hearing conducted by the cabinet or its 8
designee in accordance with KRS Chapter 13B in an appeal of a cabinet-9
substantiated finding of child abuse or neglect. The person performing the 10
diagnostic procedures or taking photographs or X-rays shall be immune from 11
criminal or civil liability for having performed the act. Nothing herein shall limit 12
liability for negligence. 13
(15) In accordance with 42 U.S.C. sec. 671, the cabinet shall share information about a 14
child in the custody of the cabinet with a relative or a parent of the child's sibling 15
for the purposes of: 16
(a) Evaluating or arranging a placement for the child; 17
(b) Arranging appropriate treatment services for the child; or 18
(c) Establishing visitation between the child and a relative, including a sibling of 19
the child. 20
(16) In accordance with 42 U.S.C. sec. 671, the cabinet shall, in the case of siblings 21
removed from their home who are not jointly placed, provide for frequent visitation 22
or other ongoing interaction between the siblings, unless the cabinet determines that 23
frequent visitation or other ongoing interaction would be contrary to the safety or 24
well-being of any of the siblings. 25
Section 4. KRS 620.060 is amended to read as follows: 26
(1) The court for the county where the child ordinarily resides or will reside or the 27 UNOFFICIAL COPY 25 RS BR 1085
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county where the child is present may issue an ex parte emergency custody order 1
when it appears to the court that removal is in the best interest of the child and that 2
there are reasonable grounds to believe, as supported by affidavit or by recorded 3
sworn testimony, that one (1) or more of the following conditions exist and that the 4
parents or other person exercising custodial control or supervision are unable or 5
unwilling to protect the child: 6
(a) The child is in danger of imminent death or serious physical injury or is being 7
sexually abused; 8
(b) The parent has repeatedly inflicted or allowed to be inflicted by other than 9
accidental means physical injury or emotional injury. This condition shall not 10
include reasonable and ordinary discipline recognized in the community 11
where the child lives, as long as reasonable and ordinary discipline does not 12
result in abuse or neglect as defined in KRS 600.020(1);[ or] 13
(c) The child is in immediate danger due to the parent's failure or refusal to 14
provide for the safety or needs of the child; or 15
(d) The parent or other person exercising custodial control or supervision has 16
another child in the care, custody, or control of the cabinet or other person 17
as a result a removal pursuant to this chapter, creating a rebuttable 18
presumption that the child is in immediate danger of dependency, neglect, 19
or abuse. 20
(2) Custody may be placed with a relative taking into account the wishes of the 21
custodial parent and child or any other appropriate person or agency including the 22
cabinet. 23
(3) An emergency custody order shall be effective no longer than seventy-two (72) 24
hours, exclusive of weekends and holidays, unless there is a temporary removal 25
hearing with oral or other notice to the county attorney and the parent or other 26
person exercising custodial control or supervision of the child, to determine if the 27 UNOFFICIAL COPY 25 RS BR 1085
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child should be held for a longer period. The seventy-two (72) hour period also may 1
be extended or delayed upon the waiver or request of the child's parent or other 2
person exercising custodial control or supervision. 3
(4) Any person authorized to serve process shall serve the parent or other person 4
exercising custodial control or supervision with a copy of the emergency custody 5
order. If such person cannot be found, the sheriff shall make a good faith effort to 6
notify the nearest known relative, neighbor, or other person familiar with the child. 7
(5) Within seventy-two (72) hours of the taking of a child into custody without the 8
consent of his or her parent or other person exercising custodial control or 9
supervision, a petition shall be filed pursuant to this chapter. 10
(6) Nothing herein shall preclude the issuance of arrest warrants pursuant to the Rules 11
of Criminal Procedure. 12
Section 5. KRS 620.080 is amended to read as follows: 13
(1) Unless waived by the child and his or her parent or other person exercising 14
custodial control or supervision, a temporary removal hearing shall be held: 15
(a) Within seventy-two (72) hours, excluding weekends and holidays, of the time 16
when an emergency custody order is issued or when a child is taken into 17
custody without the consent of his or her parent or other person exercising 18
custodial control or supervision; and 19
(b) In cases commenced by the filing of a petition, within ten (10) days of the 20
date of filing. 21
(2) At a temporary removal hearing, the court shall determine whether there are 22
reasonable grounds to believe that the child would be dependent, neglected or 23
abused if returned to or left in the custody of his or her parent or other person 24
exercising custodial control or supervision even though it is not proved 25
conclusively who has perpetrated the dependency, neglect or abuse. For good cause, 26
the court may allow hearsay evidence. The Commonwealth shall bear the burden of 27 UNOFFICIAL COPY 25 RS BR 1085
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proof by a preponderance of the evidence and if the Commonwealth should fail to 1
establish same, the child shall be released to or retained in the custody of his or her 2
parent or other person exercising custodial control or supervision. 3
(3) There is a rebuttable presumption that the child would be dependent, neglected, 4
or abused if returned to or left in the custody of his or her parent or other person 5
exercising custodial control or supervision if the parent or other person 6
exercising custodial control or supervision has another child in the care, custody, 7
or control of the cabinet or other person as a result of removal pursuant to this 8
chapter. 9
Section 6. This Act may be cited as Baby Miya's Law. 10