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AN ACT relating to children. 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 25 RS HB 805/GA
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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 25 RS HB 805/GA
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(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 25 RS HB 805/GA
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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) "Clinical treatment facility" means a facility with more than eight (8) beds 8
designated by the Department of Juvenile Justice or the cabinet for the treatment of 9
mentally ill children. The treatment program of such facilities shall be supervised 10
by a qualified mental health professional; 11
(13) "Commitment" means an order of the court which places a child under the custodial 12
control or supervision of the Cabinet for Health and Family Services, Department 13
of Juvenile Justice, or another facility or agency until the child attains the age of 14
eighteen (18) unless otherwise provided by law; 15
(14) "Community-based facility" means any nonsecure, homelike facility licensed, 16
operated, or permitted to operate by the Department of Juvenile Justice or the 17
cabinet, which is located within a reasonable proximity of the child's family and 18
home community, which affords the child the opportunity, if a Kentucky resident, 19
to continue family and community contact; 20
(15) "Complaint" means a verified statement setting forth allegations in regard to the 21
child which contain sufficient facts for the formulation of a subsequent petition; 22
(16) "Court" means the juvenile session of District Court unless a statute specifies the 23
adult session of District Court or the Circuit Court; 24
(17) "Court-designated worker" means that organization or individual delegated by the 25
Administrative Office of the Courts for the purposes of placing children in 26
alternative placements prior to arraignment, conducting preliminary investigations, 27 UNOFFICIAL COPY 25 RS HB 805/GA
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and formulating, entering into, and supervising diversion agreements and 1
performing such other functions as authorized by law or court order; 2
(18) "Deadly weapon" has the same meaning as it does in KRS 500.080; 3
(19) "Department" means the Department for Community Based Services; 4
(20) "Dependent child" means any child, other than an abused or neglected child, who is 5
under improper care, custody, control, or guardianship that is not due to an 6
intentional act of the parent, guardian, or person exercising custodial control or 7
supervision of the child; 8
(21) "Detention" means the safe and temporary custody of a juvenile who is accused of 9
conduct subject to the jurisdiction of the court who requires a restricted or closely 10
supervised environment for his or her own or the community's protection; 11
(22) "Detention hearing" means a hearing held by a judge or trial commissioner within 12
twenty-four (24) hours, exclusive of weekends and holidays, of the start of any 13
period of detention prior to adjudication; 14
(23) "Diversion agreement" means a mechanism designed to hold a child accountable 15
for his or her behavior and, if appropriate, securing services to serve the best 16
interest of the child and to provide redress for that behavior without court action 17
and without the creation of a formal court record; 18
(24) "Eligible youth" means a person who: 19
(a) Is or has been committed to the cabinet as dependent, neglected, or abused; 20
(b) Is eighteen (18) years of age to nineteen (19) years of age; and 21
(c) Is requesting to extend or reinstate his or her commitment to the cabinet in 22
order to participate in state or federal educational programs or to establish 23
independent living arrangements; 24
(25) "Emergency shelter" is a group home, private residence, foster home, or similar 25
homelike facility which provides temporary or emergency care of children and 26
adequate staff and services consistent with the needs of each child; 27 UNOFFICIAL COPY 25 RS HB 805/GA
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(26) "Emotional injury" means an injury to the mental or psychological capacity or 1
emotional stability of a child as evidenced by a substantial and observable 2
impairment in the child's ability to function within a normal range of performance 3
and behavior with due regard to his or her age, development, culture, and 4
environment as testified to by a qualified mental health professional; 5
(27) "Evidence-based practices" means policies, procedures, programs, and practices 6
proven by scientific research to reliably produce reductions in recidivism; 7
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage 8
to a child, but who has an emotionally significant relationship with the child, or an 9
emotionally significant relationship with a biological parent, siblings, or half-10
siblings of the child in the case of a child from birth to twelve (12) months of age, 11
prior to placement; 12
(29) "Firearm" shall have the same meaning as in KRS 237.060 and 527.010; 13
(30) "Foster family home" means a private home in which children are placed for foster 14
family care under supervision of the cabinet or a licensed child-placing agency; 15
(31) "Graduated sanction" means any of a continuum of accountability measures, 16
programs, and sanctions, ranging from less restrictive to more restrictive in nature, 17
that may include but are not limited to: 18
(a) Electronic monitoring; 19
(b) Drug and alcohol screening, testing, or monitoring; 20
(c) Day or evening reporting centers; 21
(d) Reporting requirements; 22
(e) Community service; and 23
(f) Rehabilitative interventions such as family counseling, substance abuse 24
treatment, restorative justice programs, and behavioral or mental health 25
treatment; 26
(32) "Habitual runaway" means any child who has been found by the court to have been 27 UNOFFICIAL COPY 25 RS HB 805/GA
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absent from his or her place of lawful residence without the permission of his or her 1
custodian for at least three (3) days during a one (1) year period; 2
(33) "Habitual truant" means any child who has been found by the court to have been 3
reported as a truant as defined in KRS 159.150(1) two (2) or more times during a 4
one (1) year period; 5
(34) "Hospital" means, except for purposes of KRS Chapter 645, a licensed private or 6
public facility, health care facility, or part thereof, which is approved by the cabinet 7
to treat children; 8
(35) "Independent living" means those activities necessary to assist a committed child to 9
establish independent living arrangements; 10
(36) "Informal adjustment" means an agreement reached among the parties, with 11
consultation, but not the consent, of the victim of the crime or other persons 12
specified in KRS 610.070 if the victim chooses not to or is unable to participate, 13
after a petition has been filed, which is approved by the court, that the best interest 14
of the child would be served without formal adjudication and disposition; 15
(37) "Intentionally" means, with respect to a result or to conduct described by a statute 16
which defines an offense, that the actor's conscious objective is to cause that result 17
or to engage in that conduct; 18
(38) "Least restrictive alternative" means, except for purposes of KRS Chapter 645, that 19
the program developed on the child's behalf is no more harsh, hazardous, or 20
intrusive than necessary; or involves no restrictions on physical movements nor 21
requirements for residential care except as reasonably necessary for the protection 22
of the child from physical injury; or protection of the community, and is conducted 23
at the suitable available facility closest to the child's place of residence to allow for 24
appropriate family engagement; 25
(39) "Motor vehicle offense" means any violation of the nonfelony provisions of KRS 26
Chapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117; 27 UNOFFICIAL COPY 25 RS HB 805/GA
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(40) "Near fatality" means an injury that, as certified by a physician, places a child in 1
serious or critical condition; 2
(41) "Needs of the child" means necessary food, clothing, health, shelter, and education; 3
(42) "Nonoffender" means a child alleged to be dependent, neglected, or abused and 4
who has not been otherwise charged with a status or public offense; 5
(43) "Nonsecure facility" means a facility which provides its residents access to the 6
surrounding community and which does not rely primarily on the use of physically 7
restricting construction and hardware to restrict freedom; 8
(44) "Nonsecure setting" means a nonsecure facility or a residential home, including a 9
child's own home, where a child may be temporarily placed pending further court 10
action. Children before the court in a county that is served by a state operated 11
secure detention facility, who are in the detention custody of the Department of 12
Juvenile Justice, and who are placed in a nonsecure alternative by the Department 13
of Juvenile Justice, shall be supervised by the Department of Juvenile Justice; 14
(45) "Out-of-home placement" means a placement other than in the home of a parent, 15
relative, or guardian, in a boarding home, clinical treatment facility, community-16
based facility, detention facility, emergency shelter, fictive kin home, foster family 17
home, hospital, nonsecure facility, physically secure facility, residential treatment 18
facility, or youth alternative center; 19
(46) "Parent" means the biological or adoptive mother or father of a child; 20
(47) "Person exercising custodial control or supervision" means a person or agency that 21
has assumed the role and responsibility of a parent or guardian for the child, but that 22
does not necessarily have legal custody of the child; 23
(48) "Petition" means a verified statement, setting forth allegations in regard to the child, 24
which initiates formal court involvement in the child's case; 25
(49) "Physical injury" means substantial physical pain or any impairment of physical 26
condition; 27 UNOFFICIAL COPY 25 RS HB 805/GA
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(50) "Physically secure facility" means a facility that relies primarily on the use of 1
construction and hardware such as locks, bars, and fences to restrict freedom; 2
(51) "Public offense action" means an action, excluding contempt, brought in the interest 3
of a child who is accused of committing an offense under KRS Chapter 527 or a 4
public offense which, if committed by an adult, would be a crime, whether the same 5
is a felony, misdemeanor, or violation, other than an action alleging that a child 6
sixteen (16) years of age or older has committed a motor vehicle offense; 7
(52) "Qualified mental health professional" means: 8
(a) A physician licensed under the laws of Kentucky to practice medicine or 9
osteopathy, or a medical officer of the government of the United States while 10
engaged in the performance of official duties; 11
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 12
osteopathy, or a medical officer of the government of the United States while 13
engaged in the practice of official duties, and who is certified or eligible to 14
apply for certification by the American Board of Psychiatry and Neurology, 15
Inc.; 16
(c) A psychologist with the health service provider designation, a psychological 17
practitioner, a certified psychologist, or a psychological associate licensed 18
under the provisions of KRS Chapter 319; 19
(d) A licensed registered nurse with a master's degree in psychiatric nursing from 20
an accredited institution and two (2) years of clinical experience with 21
mentally ill persons, or a licensed registered nurse with a bachelor's degree in 22
nursing from an accredited institution who is certified as a psychiatric and 23
mental health nurse by the American Nurses Association and who has three 24
(3) years of inpatient or outpatient clinical experience in psychiatric nursing 25
and who is currently employed by a hospital or forensic psychiatric facility 26
licensed by the Commonwealth or a psychiatric unit of a general hospital, a 27 UNOFFICIAL COPY 25 RS HB 805/GA
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private agency or company engaged in providing mental health services, or a 1
regional comprehensive care center; 2
(e) A licensed clinical social worker licensed under the provisions of KRS 3
335.100, or a certified social worker licensed under the provisions of KRS 4
335.080 with three (3) years of inpatient or outpatient clinical experience in 5
psychiatric social work and currently employed by a hospital or forensic 6
psychiatric facility licensed by the Commonwealth, a psychiatric unit of a 7
general hospital, a private agency or company engaged in providing mental 8
health services, or a regional comprehensive care center; 9
(f) A marriage and family therapist licensed under the provisions of KRS 10
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 11
experience in psychiatric mental health practice and currently employed by a 12
hospital or forensic psychiatric facility licensed by the Commonwealth, a 13
psychiatric unit of a general hospital, a private agency or company engaged in 14
providing mental health services, or a regional comprehensive care center; 15
(g) A professional counselor credentialed under the provisions of KRS 335.500 to 16
335.599 with three (3) years of inpatient or outpatient clinical experience in 17
psychiatric mental health practice and currently employed by a hospital or 18
forensic facility licensed by the Commonwealth, a psychiatric unit of a 19
general hospital, a private agency or company engaged in providing mental 20
health services, or a regional comprehensive care center; or 21
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 22
(1) of the following requirements: 23
1. Provides documentation that he or she has completed a psychiatric 24
residency program for physician assistants; 25
2. Has completed at least one thousand (1,000) hours of clinical experience 26
under a supervising physician, as defined by KRS 311.840, who is a 27 UNOFFICIAL COPY 25 RS HB 805/GA
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psychiatrist and is certified or eligible for certification by the American 1
Board of Psychiatry and Neurology, Inc.; 2
3. Holds a master's degree from a physician assistant program accredited 3
by the Accreditation Review Commission on Education for the 4
Physician Assistant or its predecessor or successor agencies, is 5
practicing under a supervising physician as defined by KRS 311.840, 6
and: 7
a. Has two (2) years of clinical experience in the assessment, 8
evaluation, and treatment of mental disorders; or 9
b. Has been employed by a hospital or forensic psychiatric facility 10
licensed by the Commonwealth or a psychiatric unit of a general 11
hospital or a private agency or company engaged in the provision 12
of mental health services or a regional community program for 13
mental health and individuals with an intellectual disability for at 14
least two (2) years; or 15
4. Holds a bachelor's degree, possesses a current physician assistant 16
certificate issued by the board prior to July 15, 2002, is practicing under 17
a supervising physician as defined by KRS 311.840, and: 18
a. Has three (3) years of clinical experience in the assessment, 19
evaluation, and treatment of mental disorders; or 20
b. Has been employed by a hospital or forensic psychiatric facility 21
licensed by the Commonwealth or a psychiatric unit of a general 22
hospital or a private agency or company engaged in the provision 23
of mental health services or a regional community program for 24
mental health and individuals with an intellectual disability for at 25
least three (3) years; 26
(53) "Reasonable and prudent parent standard" has the same meaning as in 42 U.S.C. 27 UNOFFICIAL COPY 25 RS HB 805/GA
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sec. 675(10); 1
(54) "Residential treatment facility" means a facility or group home with more than eight 2
(8) beds designated by the Department of Juvenile Justice or the cabinet for the 3
treatment of children; 4
(55) "Retain in custody" means, after a child has been taken into custody, the continued 5
holding of the child by a peace officer for a period of time not to exceed twelve (12) 6
hours when authorized by the court or the court-designated worker for the purpose 7
of making preliminary inquiries; 8
(56) "Risk and needs assessment" means an actuarial tool scientifically proven to 9
identify specific factors and needs that are related to delinquent and noncriminal 10
misconduct; 11
(57) "Safety plan" means a written agreement developed by the cabinet and agreed to by 12
a family that clearly describes the protective services that the cabinet will provide 13
the family in order to manage risks[threats] to a child's safety; 14
(58) "School personnel" means those certified persons under the supervision of the local 15
public or private education agency; 16
(59) "Secretary" means the secretary of the Cabinet for Health and Family Services; 17
(60) "Secure juvenile detention facility" means any physically secure facility used for 18
the secure detention of children other than any facility in which adult prisoners are 19
confined; 20
(61) "Serious physical injury" means physical injury which creates a substantial risk of 21
death or which causes serious and prolonged disfigurement, prolonged impairment 22
of health, or prolonged loss or impairment of the function of any bodily member or 23
organ; 24
(62) "Sexual abuse" includes but is not necessarily limited to any contacts or interactions 25
in which the parent, guardian, person in a position of authority or special trust, as 26
defined in KRS 532.045, or other person having custodial control or supervision of 27 UNOFFICIAL COPY 25 RS HB 805/GA
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the child or responsibility for his or her welfare, uses or allows, permits, or 1
encourages the use of the child for the purposes of the sexual stimulation of the 2
perpetrator or another person; 3
(63) "Sexual exploitation" includes but is not limited to a situation in which a parent, 4
guardian, person in a position of authority or special trust, as defined in KRS 5
532.045, or other person having custodial control or supervision of a child or 6
responsible for his or her welfare, allows, permits, or encourages the child to 7
engage in an act which constitutes prostitution under Kentucky law; or a parent, 8
guardian, person in a position of authority or special trust, as defined in KRS 9
532.045, or other person having custodial control or supervision of a child or 10
responsible for his or her welfare, allows, permits, or encourages the child to 11
engage in an act of obscene or pornographic photographing, filming, or depicting of 12
a child as provided for under Kentucky law; 13
(64) "Social service worker" means any employee of the cabinet or any private agency 14
designated as such by the secretary of the cabinet or a social worker employed by a 15
county or city who has been approved by the cabinet to provide, under its 16
supervision, services to families and children; 17
(65) "Staff secure facility for residential treatment" means any setting which assures that 18
all entrances and exits are under the exclusive control of the facility staff, and in 19
which a child may reside for the purpose of receiving treatment; 20
(66) "Statewide reporting system" means a system for making and compiling reports of 21
child dependency, neglect, and abuse in Kentucky made via telephone call or in 22
writing by a member of the public; 23
(67) (a) "Status offense action" is any action brought in the interest of a child who is 24
accused of committing acts, which if committed by an adult, would not be a 25
crime. Such behavior shall not be considered criminal or delinquent and such 26
children shall be termed status offenders. Status offenses shall include: 27 UNOFFICIAL COPY 25 RS HB 805/GA
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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
(68) "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
(69) "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
(70) "Transition plan" means a plan that is personalized at the direction of the youth that: 13
(a) Includes specific options on housing, health insurance, education, local 14
opportunities for mentors and continuing support services, and workforce 15
supports and employment services; and 16
(b) Is as detailed as the youth may elect; 17
(71) "Valid court order" means a court order issued by a judge to a child alleged or 18
found to be a status offender: 19
(a) Who was brought before the court and made subject to the order; 20
(b) Whose future conduct was regulated by the order; 21
(c) Who was given written and verbal warning of the consequences of the 22
violation of the order at the time the order was issued and whose attorney or 23
parent or legal guardian was also provided with a written notice of the 24
consequences of violation of the order, which notification is reflected in the 25
record of the court proceedings; and 26
(d) Who received, before the issuance of the order, the full due process rights 27 UNOFFICIAL COPY 25 RS HB 805/GA
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guaranteed by the Constitution of the United States; 1
(72) "Violation" means any offense, other than a traffic infraction, for which a sentence 2
of a fine only can be imposed; 3
(73) "Youth alternative center" means a nonsecure facility, approved by the Department 4
of Juvenile Justice, for the detention of juveniles, both prior to adjudication and 5
after adjudication, which meets the criteria specified in KRS 15A.320; and 6
(74) "Youthful offender" means any person regardless of age, transferred to Circuit 7
Court under the provisions of KRS Chapter 635 or 640 and who is subsequently 8
convicted in Circuit Court. 9
Section 2. KRS 620.032 is amended to read as follows: 10
(1) By November 1 of each year, beginning in 2021, the cabinet shall submit to the 11
Legislative Research Commission a comprehensive report that does not identify 12
individuals, detailing the number of reports the cabinet has received regarding 13
female genital mutilation as defined in KRS 508.125, the number of reports in 14
which the cabinet has investigated and determined that a child is the victim of 15
female genital mutilation, and the number of cases in which services were provided. 16
(2) Beginning August 1, 2024, and monthly thereafter, the cabinet shall make available 17
on its website and deliver to the Legislative Research Commission for referral to 18
the Interim Joint Committee, Senate Standing Committee, and House Standing 19
Committee on Families and Children, a report on the monthly child protective 20
services intakes received by the cabinet. The monthly report shall include at a 21
minimum the following: 22
(a) Total number of all reports[intakes]; 23
(b) All child protective services response reports[intakes]; 24
(c) Reports[Intakes] with allegations of: 25
1. Abuse; and 26
2. Neglect; 27 UNOFFICIAL COPY 25 RS HB 805/GA
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(d) Reports that met acceptance criteria; 1
(e) Reports with a substantiated or services needed finding; and 2
(f) Reports with a substantiated finding. 3
Section 3. KRS 620.040 is amended to read as follows: 4
(1) (a) Upon receipt of a report alleging abuse or neglect of a child as defined in KRS 5
600.020 by a parent, guardian, fictive kin, person in a position of authority, 6
person in a position of special trust, or person exercising custodial control or 7
supervision, pursuant to KRS 620.030(1) or (2), or a report alleging a child is 8
a victim of human trafficking pursuant to KRS 620.030(3), the recipient of the 9
report shall immediately notify the cabinet or its designated representative, the 10
local law enforcement agency or the Department of Kentucky State Police, 11
and the Commonwealth's or county attorney of the receipt of the report. If any 12
agency listed above is the reporting source, the recipient shall immediately 13
notify the cabinet or its designated representative, the local law enforcement 14
agency, the Department of Kentucky State Police, and the Commonwealth's 15
or county attorney of the receipt of the report. 16
(b) Based upon the allegation in the report, the cabinet shall immediately make an 17
initial determination as to the risk of harm and immediate safety of the child. 18
Based upon the level of risk determined, the cabinet shall investigate the 19
allegation or accept the report for an assessment of family needs and, if 20
appropriate, may provide or make referral to any community-based services 21
necessary to reduce risk to the child and to provide family support. A report of 22
sexual abuse or human trafficking of a child shall be considered high risk and 23
shall not be referred to any other community agency. If the: 24
1. Cabinet's initial determination is that there is risk of harm and 25
immediate safety concerns for the child, the cabinet shall physically 26
locate the child within fourteen (14) days of the initial determination; 27 UNOFFICIAL COPY 25 RS HB 805/GA
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2. Child is under the age of five (5) years or has other developmental or 1
cognitive delays or a significant medical or mental health condition, 2
the cabinet shall physically locate the child within five (5) working 3
days of the initial determination; and 4
3. Cabinet does not physically locate the child according to the timeline 5
established in this paragraph, the cabinet shall contact local law 6
enforcement to assist in locating the child. 7
(c) In making the initial determination as to the risk of harm and immediate 8
safety of the child pursuant to paragraph (b) of this subsection, the cabinet 9
shall at a minimum: 10
1. Consider the age and vulnerability of a child, particularly for ages five 11
(5) years of age and under, when assessing allegations of abuse and 12
neglect; 13
2. [Automatically ]Accept for investigation a subsequent report from a 14
professional reporting source, who makes a report pursuant to the 15
requirements in KRS Chapter 620 that a child is abused or neglected and 16
identifies himself or herself by name, title, and employer, when the same 17
or similar allegation has been reported by one (1) or more unique 18
professional reporting sources within the past thirty (30) days. For the 19
purposes of this subparagraph "professional reporting source" means an 20
individual who is a social worker, therapist, medical professional, 21
educator, judge, attorney, law enforcement officer, or any other 22
individual holding a degree or position in a field related to the safety and 23
care of children; and 24
3. Automatically accept for investigation a report from a court of 25
appropriate jurisdiction that makes a report pursuant to the requirements 26
in KRS Chapter 620 that a child is abused or neglected or identifies that 27 UNOFFICIAL COPY 25 RS HB 805/GA
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the child is an alleged victim of domestic violence and abuse as defined 1
in KRS 403.720 or sexual assault as defined in KRS 456.010[a 2
plaintiff] in an active emergency protective order or temporary 3
interpersonal protection order case. 4
(d) The cabinet shall, within seventy-two (72) hours, exclusive of weekends and 5
holidays, make a written report, including but not limited to electronic 6
submissions, to the Commonwealth's or county attorney and the local law 7
enforcement agency or the Department of Kentucky State Police concerning 8
the action that has been taken on the investigation. 9
(e) If the report alleges abuse or neglect by someone other than a parent, 10
guardian, fictive kin, person in a position of authority, person in a position of 11
special trust, or person exercising custodial control or supervision, or the 12
human trafficking of a child, the cabinet shall immediately notify the 13
Commonwealth's or county attorney and the local law enforcement agency or 14
the Department of Kentucky State Police. 15
(2) (a) Upon receipt of a report alleging dependency pursuant to KRS 620.030(1) and 16
(2), the recipient shall immediately notify the cabinet or its designated 17
representative. 18
(b) Based upon the allegation in the report, the cabinet shall immediately make an 19
initial determination as to the risk of harm and immediate safety of the child. 20
Based upon the level of risk, the cabinet shall investigate the allegation or 21
accept the report for an assessment of family needs and, if appropriate, may 22
provide or make referral to any community-based services necessary to reduce 23
risk to the child and to provide family support. A report of sexual abuse or 24
human trafficking of a child shall be considered high risk and shall not be 25
referred to any other community agency. If the: 26
1. Cabinet's initial determination is that there is risk of harm and 27 UNOFFICIAL COPY 25 RS HB 805/GA
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immediate safety concerns for the child, the cabinet shall physically 1
locate the child within fourteen (14) days of the initial determination; 2
2. Child is under the age of five (5) years or has other developmental or 3
cognitive delays or significant medical or mental health condition, the 4
cabinet shall physically locate the child within five (5) working days of 5
the initial determination; and 6
3. Cabinet does not physically locate the child according to the timeline 7
established in this paragraph, the cabinet shall contact local law 8
enforcement to assist in locating the child. 9
(c) In making the initial determination as to the risk of harm and immediate 10
safety of the child pursuant to paragraph (b) of this subsection, the cabinet 11
shall at a minimum: 12
1. Consider the age and vulnerability of a child, particularly for ages five 13
(5) years of age and under, when assessing allegations of dependency; 14
2. [Automatically ]Accept for investigation a subsequent report from a 15
professional reporting source, who makes a report pursuant to the 16
requirements in KRS Chapter 620 that a child is dependent and 17
identifies himself or herself by name, title, and employer, when the same 18
or similar allegation has been reported by one (1) or more unique 19
professional reporting sources within the past thirty (30) days. For the 20
purposes of this subparagraph "professional reporting source" means an 21
individual who is a social worker, therapist, medical professional, 22
educator, judge, attorney, law enforcement officer, or any other 23
individual holding a degree or position in a field related to the safety and 24
care of children; and 25
3. Automatically accept for investigation a report from a court of 26
appropriate jurisdiction that makes a report pursuant to the requirements 27 UNOFFICIAL COPY 25 RS HB 805/GA
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in KRS Chapter 620 that a child is dependent or identifies that the child 1
is an alleged victim of domestic violence and abuse as defined in KRS 2
403.720 or sexual assault as defined in KRS 456.010[a plaintiff] in an 3
active emergency protective order or temporary interpersonal protection 4
order case. 5
(d) The cabinet need not notify the local law enforcement agency or the 6
Department of Kentucky State Police or Commonwealth's or county attorney 7
of reports made under this subsection unless the report involves the human 8
trafficking of a child, in which case the notification shall be required. 9
(3) If the cabinet or its designated representative receives a report of abuse by a person 10
other than a parent, guardian, fictive kin, person in a position of authority, person in 11
a position of special trust, or other person exercising custodial control or 12
supervision of a child, it shall immediately notify the local law enforcement agency 13
or the Department of Kentucky State Police and the Commonwealth's or county 14
attorney of the receipt of the report and its contents, and they shall investigate the 15
matter. The cabinet or its designated representative shall participate in an 16
investigation of noncustodial physical abuse or neglect at the request of the local 17
law enforcement agency or the Department of Kentucky State Police. The cabinet 18
shall participate in all investigations of reported or suspected sexual abuse or human 19
trafficking of a child. 20
(4) School personnel or other persons listed in KRS 620.030(2) do not have the 21
authority to conduct internal investigations in lieu of the official investigations 22
outlined in this section. 23
(5) (a) If, after receiving the report, the law enforcement officer, the cabinet, or its 24
designated representative cannot gain admission to the location of the child, a 25
search warrant shall be requested from, and may be issued by, the judge to the 26
appropriate law enforcement official upon probable cause that the child is 27 UNOFFICIAL COPY 25 RS HB 805/GA
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dependent, neglected, or abused. If, pursuant to a search under a warrant, a 1
child is discovered and appears to be in imminent danger, the child may be 2
removed by the law enforcement officer. 3
(b) If a child who is in a hospital or under the immediate care of a physician 4
appears to be in imminent danger if he or she is returned to the persons having 5
custody of him or her, the physician or hospital administrator may hold the 6
child without court order, provided that a request is made to the court for an 7
emergency custody order at the earliest practicable time, not to exceed 8
seventy-two (72) hours. 9
(c) Any appropriate law enforcement officer may take a child into protective 10
custody and may hold that child in protective custody without the consent of 11
the parent or other person exercising custodial control or supervision if there 12
exist reasonable grounds for the officer to believe that the child is in danger of 13
imminent death or serious physical injury, is being sexually abused, or is a 14
victim of human trafficking and that the parents or other person exercising 15
custodial control or supervision are unable or unwilling to protect the child. 16
The officer or the person to whom the officer entrusts the child shall, within 17
twelve (12) hours of taking the child into protective custody, request the court 18
to issue an emergency custody order. 19
(d) When a law enforcement officer, hospital administrator, or physician takes a 20
child into custody without the consent of the parent or other person exercising 21
custodial control or supervision, he or she shall provide written notice to the 22
parent or other person stating the reasons for removal of the child. Failure of 23
the parent or other person to receive notice shall not, by itself, be cause for 24
civil or criminal liability. 25
(e) 1. If a report includes a child fatality or near fatality, and the law 26
enforcement officer has reasonable grounds to believe any parent or 27 UNOFFICIAL COPY 25 RS HB 805/GA
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person exercising custodial control or supervision of the child was under 1
the influence of alcohol or drugs at the time the fatality or near fatality 2
occurred, the law enforcement officer shall request a test of blood, 3
breath, or urine from that person. 4
2. If, after making the request, consent is not given for the test of blood, 5
breath, or urine, a search warrant shall be requested from and may be 6
issued by the judge to the appropriate law enforcement official upon 7
probable cause that a child fatality or near fatality has occurred and that 8
the person exercising custodial control or supervision of the child at the 9
time of the fatality or near fatality was under the influence. 10
3. Any test requested under this section shall be conducted pursuant to the 11
testing procedures and requirements in KRS 189A.103. 12
(6) The cabinet shall make efforts as soon as practicable to determine any military 13
status of a parent or legal guardian of a child who is the subject of an investigation 14
or assessment pursuant to this section. If the cabinet determines that the parent or 15
legal guardian is a member of the United States Armed Forces, the cabinet shall 16
notify the Department of Defense family advocacy program operating within the 17
service member's assigned installation of the investigation or assessment and 18
provide case information. 19
(7) To the extent practicable and when in the best interest of a child alleged to have 20
been abused, interviews with the child shall be conducted at a children's advocacy 21
center. 22
(8) (a) One (1) or more multidisciplinary teams may be established in every county 23
or group of contiguous counties. 24
(b) Membership of the multidisciplinary team shall include but shall not be 25
limited to social service workers employed by the Cabinet for Health and 26
Family Services and law enforcement officers. Additional team members may 27 UNOFFICIAL COPY 25 RS HB 805/GA
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include Commonwealth's and county attorneys, children's advocacy center 1
staff, mental health professionals, medical professionals, victim advocates 2
including advocates for victims of human trafficking, educators, and other 3
related professionals, as deemed appropriate. 4
(c) The multidisciplinary team shall review child sexual abuse cases and child 5
human trafficking cases involving commercial sexual activity referred by 6
participating professionals, including those in which the alleged perpetrator 7
does not have custodial control or supervision of the child or is not 8
responsible for the child's welfare. The purpose of the multidisciplinary team 9
shall be to review investigations, assess service delivery, and to facilitate 10
efficient and appropriate disposition of cases through the criminal justice 11
system. 12
(d) The team shall hold regularly scheduled meetings if new reports of sexual 13
abuse or child human trafficking cases involving commercial sexual activity 14
are received or if active cases exist. At each meeting, each active case shall be 15
presented and the agencies' responses assessed. 16
(e) The multidisciplinary team shall provide an annual report to the public of 17
nonidentifying case information to allow assessment of the processing and 18
disposition of child sexual abuse cases and child human trafficking cases 19
involving commercial sexual activity. 20
(f) Multidisciplinary team members and anyone invited by the multidisciplinary 21
team to participate in a meeting shall not divulge case information, including 22
information regarding the identity of the victim or source of the report. Team 23
members and others attending meetings shall sign a confidentiality statement 24
that is consistent with statutory prohibitions on disclosure of this information. 25
(g) The multidisciplinary team shall, pursuant to KRS 431.600 and 431.660, 26
develop a local protocol consistent with the model protocol issued by the 27 UNOFFICIAL COPY 25 RS HB 805/GA
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Kentucky Multidisciplinary Commission on Child Sexual Abuse. The local 1
team shall submit the protocol to the commission for review and approval. 2
(h) The multidisciplinary team review of a case may include information from 3
reports generated by agencies, organizations, or individuals that are 4
responsible for investigation, prosecution, or treatment in the case, KRS 5
610.320 to KRS 610.340 notwithstanding. 6
(i) To the extent practicable, multidisciplinary teams shall be staffed by the local 7
children's advocacy center. 8
(9) Nothing in this section shall limit the cabinet's investigatory authority under KRS 9
620.050 or any other obligation imposed by law. 10
Section 4. KRS 620.048 is amended to read as follows: 11
(1) During a child protective services investigation conducted pursuant to the authority 12
in this chapter where there is a safety plan negotiated and agreed upon between 13
the cabinet and the parent, guardian, person in a position of authority or special 14
trust, as defined in KRS 532.045, or other person having custodial control or 15
supervision of the child or responsibility for his or her welfare that the child 16
cannot safely remain in the home[a child is placed outside of his or her home on a 17
safety plan], the cabinet shall file a petition in court within seventy-two (72) hours 18
if the child remains placed outside of his or her home for more than fourteen (14) 19
consecutive days. 20
(2) All safety plans implemented pursuant to this section shall be compiled by the 21
cabinet on a quarterly basis into a report containing at a minimum the total number 22
of safety plans, the outcome of the safety plans, and the number of court petitions 23
filed. 24
(3) By December 1, 2024, and quarterly thereafter, the cabinet shall make available, on 25
its website and to the Legislative Research Commission for referral to the Interim 26
Joint Committee, Senate Standing Committee, and House Standing Committee on 27 UNOFFICIAL COPY 25 RS HB 805/GA
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Families and Children, the report on safety plans established in subsection (2) of 1
this section. 2
Section 5. KRS 605.120 is amended to read as follows: 3
(1) The cabinet is authorized to expend available funds to provide for the board, 4
lodging, and care of children who would otherwise be placed in foster care or who 5
are placed by the cabinet in a foster home or boarding home, or may arrange for 6
payments or contributions by any local governmental unit, or public or private 7
agency or organization, willing to make payments or contributions for such 8
purpose. The cabinet may accept any gift, devise, or bequest made to it for its 9
purposes. 10
(2) The cabinet shall establish a reimbursement system, within existing appropriation 11
amounts, for foster parents that comes as close as possible to meeting the actual 12
cost of caring for foster children. The cabinet shall consider providing additional 13
reimbursement for foster parents who obtain additional training, and foster parents 14
who have served for an extended period of time. In establishing a reimbursement 15
system, the cabinet shall, to the extent possible within existing appropriation 16
amounts, address the additional cost associated with providing care to children with 17
exceptional needs. 18
(3) The cabinet shall review reimbursement rates paid to foster parents and shall issue a 19
report upon request comparing the rates paid by Kentucky to the figures presented 20
in the Expenditures on Children by Families Annual Report prepared by the United 21
States Department of Agriculture and the rates paid to foster parents by other states. 22
To the extent that funding is available, reimbursement rates paid to foster parents 23
shall be increased on an annual basis to reflect cost of living increases. 24
(4) The cabinet is encouraged to develop pilot projects both within the state system and 25
in collaboration with private child caring agencies to test alternative delivery 26
systems and nontraditional funding mechanisms. 27 UNOFFICIAL COPY 25 RS HB 805/GA
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(5) (a) The cabinet shall track and analyze data on relative and fictive kin caregiver 1
placements. The data shall include but not be limited to: 2
1. Demographic data on relative and fictive kin caregivers and children in 3
their care; 4
2. Custodial options selected by the relative and fictive kin caregivers; 5
3. Services provisioned to relative and fictive kin caregivers and children 6
in their care; and 7
4. Permanency benchmarks and outcomes for relative and fictive kin 8
caregiver placements. 9
(b) By September 30, 2020, and annually[upon request] thereafter, the cabinet 10
shall submit a report to the Governor, the Chief Justice of the Supreme Court, 11
and the director of the Legislative Research Commission for automatic 12
distribution to the Interim Joint Committee on Families and Children relating 13
to the data tracking and analysis established in this subsection and post the 14
report to the cabinet website for public view no later than February 28 of 15
the following year. 16
(6) Foster parents shall have the authority, unless the cabinet determines that the child's 17
religion, race, ethnicity, or national origin prevents it, to make decisions regarding 18
haircuts and hairstyles for foster children who are in their care for thirty (30) days 19
or more. 20