Text of KY SB 208 (2024)

UNOFFICIAL COPY 24 RS BR 434 Page 1 of 55 XXXX 2/14/2024 1:43 PM Jacketed AN ACT relating to neglect and abuse. 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) (a) "Abused [or neglected ]child" means a child whose health or welfare is 5 harmed or threatened with harm when: 6 1.[(a)] His or her parent, guardian, person in a position of authority or 7 special trust, as those terms are defined in KRS 532.045, or other 8 person exercising custodial control or supervision of the child: 9 a[1]. Inflicts or allows to be inflicted upon the child serious physical[ or 10 emotional] injury as defined in this section by other than 11 accidental means; 12 b[2]. Creates or allows to be created a risk of serious physical[ or 13 emotional] injury as defined in this section to the child by other 14 than accidental means; 15 [3. Engages in a pattern of conduct that renders the parent incapable of 16 caring for the immediate and ongoing needs of the child, including but 17 not limited to parental incapacity due to a substance use disorder as 18 defined in KRS 222.005; 19 4. Continuously or repeatedly fails or refuses to provide essential parental 20 care and protection for the child, considering the age of the child;] 21 c[5]. Commits or allows to be committed an act of sexual abuse, sexual 22 exploitation, or prostitution upon the child; 23 d[6]. Creates or allows to be created a risk that an act of sexual abuse, 24 sexual exploitation, or prostitution will be committed upon the 25 child; 26 e[7]. [Abandons or ]Exploits the child; or 27 UNOFFICIAL COPY 24 RS BR 434 Page 2 of 55 XXXX 2/14/2024 1:43 PM Jacketed [8. Does not provide the child with adequate care, supervision, food, 1 clothing, shelter, and education or medical care necessary for the child's 2 well-being when financially able to do so or offered financial or other 3 means to do so. A parent or other person exercising custodial control or 4 supervision of the child legitimately practicing the person's religious 5 beliefs shall not be considered a negligent parent solely because of 6 failure to provide specified medical treatment for a child for that reason 7 alone. This exception shall not preclude a court from ordering necessary 8 medical services for a child; 9 9. Fails to make sufficient progress toward identified goals as set forth in 10 the court-approved case plan to allow for the safe return of the child to 11 the parent that results in the child remaining committed to the cabinet 12 and remaining in foster care for fifteen (15) cumulative months out of 13 forty-eight (48) months; or] 14 f[10]. Commits or allows female genital mutilation as defined in 15 KRS 508.125 to be committed; or 16 2.[(b)] A person twenty-one (21) years of age or older commits or allows 17 to be committed an act of sexual abuse, sexual exploitation, or 18 prostitution upon a child less than sixteen (16) years of age.[;] 19 (b) "Abused child" does not include a child who is physically disciplined when 20 the discipline: 21 1. Is reasonable and moderate; 22 2. Is inflicted: 23 a. By a parent, guardian, or person in a position of authority or 24 special trust, as those terms are defined in KRS 532.045; and 25 b. For purposes of restraining or correcting the child; and 26 3. Does not otherwise constitute cruelty; 27 UNOFFICIAL COPY 24 RS BR 434 Page 3 of 55 XXXX 2/14/2024 1:43 PM Jacketed (2) "Age or developmentally appropriate" has the same meaning as in 42 U.S.C. sec. 1 675(11); 2 (3) "Aggravated circumstances" means the existence of one (1) or more of the 3 following conditions: 4 (a) The parent has not attempted or has not had contact with the child for a period 5 of not less than ninety (90) days; 6 (b) The parent is incarcerated and will be unavailable to care for the child for a 7 period of at least one (1) year from the date of the child's entry into foster care 8 and there is no appropriate relative placement available during this period of 9 time; 10 (c) The parent has sexually abused the child and has refused available treatment; 11 (d) The parent has been found by the cabinet to have engaged in abuse of the 12 child that required removal from the parent's home two (2) or more times in 13 the past two (2) years; or 14 (e) The parent has caused the child serious physical injury; 15 (4) "Beyond the control of parents" means a child who has repeatedly failed to follow 16 the reasonable directives of his or her parents, legal guardian, or person exercising 17 custodial control or supervision other than a state agency, which behavior results in 18 danger to the child or others, and which behavior does not constitute behavior that 19 would warrant the filing of a petition under KRS Chapter 645; 20 (5) "Beyond the control of school" means any child who has been found by the court to 21 have repeatedly violated the lawful regulations for the government of the school as 22 provided in KRS 158.150, and as documented in writing by the school as a part of 23 the school's petition or as an attachment to the school's petition. The petition or 24 attachment shall describe the student's behavior and all intervention strategies 25 attempted by the school; 26 (6) "Boarding home" means a privately owned and operated home for the boarding and 27 UNOFFICIAL COPY 24 RS BR 434 Page 4 of 55 XXXX 2/14/2024 1:43 PM Jacketed lodging of individuals which is approved by the Department of Juvenile Justice or 1 the cabinet for the placement of children committed to the department or the 2 cabinet; 3 (7) "Cabinet" means the Cabinet for Health and Family Services; 4 (8) "Certified juvenile facility staff" means individuals who meet the qualifications of, 5 and who have completed a course of education and training in juvenile detention 6 developed and approved by, the Department of Juvenile Justice after consultation 7 with other appropriate state agencies; 8 (9) "Child" means any person who has not reached his or her eighteenth birthday, 9 unless otherwise provided; 10 (10) "Child-caring facility" means any facility or group home other than a state facility, 11 Department of Juvenile Justice contract facility or group home, or one certified by 12 an appropriate agency as operated primarily for educational or medical purposes, 13 providing residential care on a twenty-four (24) hour basis to children not related by 14 blood, adoption, or marriage to the person maintaining the facility; 15 (11) "Child-placing agency" means any agency, other than a state agency, which 16 supervises the placement of children in foster family homes or child-caring 17 facilities or which places children for adoption; 18 (12) "Clinical treatment facility" means a facility with more than eight (8) beds 19 designated by the Department of Juvenile Justice or the cabinet for the treatment of 20 mentally ill children. The treatment program of such facilities shall be supervised 21 by a qualified mental health professional; 22 (13) "Commitment" means an order of the court which places a child under the custodial 23 control or supervision of the Cabinet for Health and Family Services, Department 24 of Juvenile Justice, or another facility or agency until the child attains the age of 25 eighteen (18) unless otherwise provided by law; 26 (14) "Community-based facility" means any nonsecure, homelike facility licensed, 27 UNOFFICIAL COPY 24 RS BR 434 Page 5 of 55 XXXX 2/14/2024 1:43 PM Jacketed operated, or permitted to operate by the Department of Juvenile Justice or the 1 cabinet, which is located within a reasonable proximity of the child's family and 2 home community, which affords the child the opportunity, if a Kentucky resident, 3 to continue family and community contact; 4 (15) "Complaint" means a verified statement setting forth allegations in regard to the 5 child which contain sufficient facts for the formulation of a subsequent petition; 6 (16) "Court" means the juvenile session of District Court unless a statute specifies the 7 adult session of District Court or the Circuit Court; 8 (17) "Court-designated worker" means that organization or individual delegated by the 9 Administrative Office of the Courts for the purposes of placing children in 10 alternative placements prior to arraignment, conducting preliminary investigations, 11 and formulating, entering into, and supervising diversion agreements and 12 performing such other functions as authorized by law or court order; 13 (18) "Deadly weapon" has the same meaning as it does in KRS 500.080; 14 (19) "Department" means the Department for Community Based Services; 15 (20) "Dependent child" means any child, other than an abused child or neglected child, 16 who is under improper care, custody, control, or guardianship that is not due to an 17 intentional act of the parent, guardian, or person exercising custodial control or 18 supervision of the child; 19 (21) "Detention" means the safe and temporary custody of a juvenile who is accused of 20 conduct subject to the jurisdiction of the court who requires a restricted or closely 21 supervised environment for his or her own or the community's protection; 22 (22) "Detention hearing" means a hearing held by a judge or trial commissioner within 23 twenty-four (24) hours, exclusive of weekends and holidays, of the start of any 24 period of detention prior to adjudication; 25 (23) "Diversion agreement" means a mechanism designed to hold a child accountable 26 for his or her behavior and, if appropriate, securing services to serve the best 27 UNOFFICIAL COPY 24 RS BR 434 Page 6 of 55 XXXX 2/14/2024 1:43 PM Jacketed interest of the child and to provide redress for that behavior without court action 1 and without the creation of a formal court record; 2 (24) "Eligible youth" means a person who: 3 (a) Is or has been committed to the cabinet as dependent, neglected, or abused; 4 (b) Is eighteen (18) years of age to nineteen (19) years of age; and 5 (c) Is requesting to extend or reinstate his or her commitment to the cabinet in 6 order to participate in state or federal educational programs or to establish 7 independent living arrangements; 8 (25) "Emergency shelter" is a group home, private residence, foster home, or similar 9 homelike facility which provides temporary or emergency care of children and 10 adequate staff and services consistent with the needs of each child; 11 (26) "Emotional injury" means an injury to the mental or psychological capacity or 12 emotional stability of a child as evidenced by a substantial and observable 13 impairment in the child's ability to function within a normal range of performance 14 and behavior, including withdrawal or untoward aggressive behavior, with due 15 regard to his or her age, development, culture, and environment as testified to by a 16 qualified mental health professional; 17 (27) "Evidence-based practices" means policies, procedures, programs, and practices 18 proven by scientific research to reliably produce reductions in recidivism; 19 (28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage 20 to a child, but who has an emotionally significant relationship with the child, or an 21 emotionally significant relationship with a biological parent, siblings, or half- 22 siblings of the child in the case of a child from birth to twelve (12) months of age, 23 prior to placement; 24 (29) "Firearm" shall have the same meaning as in KRS 237.060 and 527.010; 25 (30) "Foster family home" means a private home in which children are placed for foster 26 family care under supervision of the cabinet or a licensed child-placing agency; 27 UNOFFICIAL COPY 24 RS BR 434 Page 7 of 55 XXXX 2/14/2024 1:43 PM Jacketed (31) "Graduated sanction" means any of a continuum of accountability measures, 1 programs, and sanctions, ranging from less restrictive to more restrictive in nature, 2 that may include but are not limited to: 3 (a) Electronic monitoring; 4 (b) Drug and alcohol screening, testing, or monitoring; 5 (c) Day or evening reporting centers; 6 (d) Reporting requirements; 7 (e) Community service; and 8 (f) Rehabilitative interventions such as family counseling, substance abuse 9 treatment, restorative justice programs, and behavioral or mental health 10 treatment; 11 (32) "Habitual runaway" means any child who has been found by the court to have been 12 absent from his or her place of lawful residence without the permission of his or her 13 custodian for at least three (3) days during a one (1) year period; 14 (33) "Habitual truant" means any child who has been found by the court to have been 15 reported as a truant as defined in KRS 159.150(1) two (2) or more times during a 16 one (1) year period; 17 (34) "Hospital" means, except for purposes of KRS Chapter 645, a licensed private or 18 public facility, health care facility, or part thereof, which is approved by the cabinet 19 to treat children; 20 (35) "Independent living" means those activities necessary to assist a committed child to 21 establish independent living arrangements; 22 (36) "Informal adjustment" means an agreement reached among the parties, with 23 consultation, but not the consent, of the victim of the crime or other persons 24 specified in KRS 610.070 if the victim chooses not to or is unable to participate, 25 after a petition has been filed, which is approved by the court, that the best interest 26 of the child would be served without formal adjudication and disposition; 27 UNOFFICIAL COPY 24 RS BR 434 Page 8 of 55 XXXX 2/14/2024 1:43 PM Jacketed (37) "Intentionally" means, with respect to a result or to conduct described by a statute 1 which defines an offense, that the actor's conscious objective is to cause that result 2 or to engage in that conduct; 3 (38) "Least restrictive alternative" means, except for purposes of KRS Chapter 645, that 4 the program developed on the child's behalf is no more harsh, hazardous, or 5 intrusive than necessary; or involves no restrictions on physical movements nor 6 requirements for residential care except as reasonably necessary for the protection 7 of the child from serious physical injury; or protection of the community, and is 8 conducted at the suitable available facility closest to the child's place of residence to 9 allow for appropriate family engagement; 10 (39) "Motor vehicle offense" means any violation of the nonfelony provisions of KRS 11 Chapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117; 12 (40) "Near fatality" means an injury that, as certified by a physician, places a child in 13 serious or critical condition; 14 (41) "Needs of the child" means necessary food, clothing, health, shelter, and education; 15 (42) "Neglected child" means a child whose health or welfare is harmed or threatened 16 with harm when: 17 (a) His or her parent, guardian, person in a position of authority or special 18 trust, as those terms are defined in KRS 532.045, or other person exercising 19 custodial control or supervision of the child: 20 1. Inflicts or allows to be inflicted upon the child emotional injury by 21 other than accidental means; 22 2. Engages in a pattern of conduct that renders the parent incapable of 23 caring for the immediate and ongoing needs of the child, including 24 but not limited to parental incapacity due to substance use disorder as 25 defined in KRS 222.005; 26 3. Continuously or repeatedly fails or refuses to provide essential 27 UNOFFICIAL COPY 24 RS BR 434 Page 9 of 55 XXXX 2/14/2024 1:43 PM Jacketed parental care and protection for the child, considering the age of the 1 child; 2 4. Fails to protect the child from exposure to the use, possession, sale, or 3 manufacture of illegal drugs or illegal activities; 4 5. Exposes the child prenatally to chronic or severe use of alcohol or any 5 controlled substance; 6 6. Abandons the child; 7 7. Does not provide the child with adequate care, supervision, food, 8 clothing, shelter, and education or medical care necessary for the 9 child's well-being when financially able to do so or offered financial 10 or other means to do so. A parent or other person exercising custodial 11 control or supervision of the child legitimately practicing the person's 12 religious beliefs shall not be considered a negligent parent solely 13 because of failure to provide specified medical treatment for a child 14 for that reason alone. This exception shall not preclude a court from 15 ordering necessary medical services for a child; or 16 8. Fails to make sufficient progress toward identified goals as set forth in 17 the court-approved case plan to allow for the safe return of the child to 18 the parent that results in the child remaining committed to the cabinet 19 and remaining in foster care for fifteen (15) cumulative months out of 20 forty-eight (48) months; or 21 (b) His or her parent, guardian, or other person exercising custodial control or 22 supervision of the child is unable to discharge his or her responsibilities to 23 and for the child because of incarceration; 24 (43)[(42)] "Nonoffender" means a child alleged to be dependent, neglected, or abused 25 and who has not been otherwise charged with a status or public offense; 26 (44)[(43)] "Nonsecure facility" means a facility which provides its residents access to 27 UNOFFICIAL COPY 24 RS BR 434 Page 10 of 55 XXXX 2/14/2024 1:43 PM Jacketed the surrounding community and which does not rely primarily on the use of 1 physically restricting construction and hardware to restrict freedom; 2 (45)[(44)] "Nonsecure setting" means a nonsecure facility or a residential home, 3 including a child's own home, where a child may be temporarily placed pending 4 further court action. Children before the court in a county that is served by a state 5 operated secure detention facility, who are in the detention custody of the 6 Department of Juvenile Justice, and who are placed in a nonsecure alternative by 7 the Department of Juvenile Justice, shall be supervised by the Department of 8 Juvenile Justice; 9 (46)[(45)] "Out-of-home placement" means a placement other than in the home of a 10 parent, relative, or guardian, in a boarding home, clinical treatment facility, 11 community-based facility, detention facility, emergency shelter, fictive kin home, 12 foster family home, hospital, nonsecure facility, physically secure facility, 13 residential treatment facility, or youth alternative center; 14 (47)[(46)] "Parent" means the biological or adoptive mother or father of a child; 15 (48)[(47)] "Person exercising custodial control or supervision" means a person or agency 16 that has assumed the role and responsibility of a parent or guardian for the child, but 17 that does not necessarily have legal custody of the child; 18 (49)[(48)] "Petition" means a verified statement, setting forth allegations in regard to the 19 child, which initiates formal court involvement in the child's case; 20 (50)[(49)] "Physical injury" means substantial physical pain or any impairment of 21 physical condition that is likely to cause death or serious or protracted 22 disfigurement, or protracted loss or impairment of the function of any bodily 23 organ; 24 (51)[(50)] "Physically secure facility" means a facility that relies primarily on the use of 25 construction and hardware such as locks, bars, and fences to restrict freedom; 26 (52)[(51)] "Public offense action" means an action, excluding contempt, brought in the 27 UNOFFICIAL COPY 24 RS BR 434 Page 11 of 55 XXXX 2/14/2024 1:43 PM Jacketed interest of a child who is accused of committing an offense under KRS Chapter 527 1 or a public offense which, if committed by an adult, would be a crime, whether the 2 same is a felony, misdemeanor, or violation, other than an action alleging that a 3 child sixteen (16) years of age or older has committed a motor vehicle offense; 4 (53)[(52)] "Qualified mental health professional" means: 5 (a) A physician licensed under the laws of Kentucky to practice medicine or 6 osteopathy, or a medical officer of the government of the United States while 7 engaged in the performance of official duties; 8 (b) A psychiatrist 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 practice of official duties, and who is certified or eligible to 11 apply for certification by the American Board of Psychiatry and Neurology, 12 Inc.; 13 (c) A psychologist with the health service provider designation, a psychological 14 practitioner, a certified psychologist, or a psychological associate licensed 15 under the provisions of KRS Chapter 319; 16 (d) A licensed registered nurse with a master's degree in psychiatric nursing from 17 an accredited institution and two (2) years of clinical experience with 18 mentally ill persons, or a licensed registered nurse with a bachelor's degree in 19 nursing from an accredited institution who is certified as a psychiatric and 20 mental health nurse by the American Nurses Association and who has three 21 (3) years of inpatient or outpatient clinical experience in psychiatric nursing 22 and who is currently employed by a hospital or forensic psychiatric facility 23 licensed by the Commonwealth or a psychiatric unit of a general hospital, a 24 private agency or company engaged in providing mental health services, or a 25 regional comprehensive care center; 26 (e) A licensed clinical social worker licensed under the provisions of KRS 27 UNOFFICIAL COPY 24 RS BR 434 Page 12 of 55 XXXX 2/14/2024 1:43 PM Jacketed 335.100, or a certified social worker licensed under the provisions of KRS 1 335.080 with three (3) years of inpatient or outpatient clinical experience in 2 psychiatric social work and currently employed by a hospital or forensic 3 psychiatric facility licensed by the Commonwealth, a psychiatric unit of a 4 general hospital, a private agency or company engaged in providing mental 5 health services, or a regional comprehensive care center; 6 (f) A marriage and family therapist licensed under the provisions of KRS 7 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 8 experience in psychiatric mental health practice and currently employed by a 9 hospital or forensic psychiatric facility licensed by the Commonwealth, a 10 psychiatric unit of a general hospital, a private agency or company engaged in 11 providing mental health services, or a regional comprehensive care center; 12 (g) A professional counselor credentialed under the provisions of KRS 335.500 to 13 335.599 with three (3) years of inpatient or outpatient clinical experience in 14 psychiatric mental health practice and currently employed by a hospital or 15 forensic facility licensed by the Commonwealth, a psychiatric unit of a 16 general hospital, a private agency or company engaged in providing mental 17 health services, or a regional comprehensive care center; or 18 (h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 19 (1) of the following requirements: 20 1. Provides documentation that he or she has completed a psychiatric 21 residency program for physician assistants; 22 2. Has completed at least one thousand (1,000) hours of clinical experience 23 under a supervising physician, as defined by KRS 311.840, who is a 24 psychiatrist and is certified or eligible for certification by the American 25 Board of Psychiatry and Neurology, Inc.; 26 3. Holds a master's degree from a physician assistant program accredited 27 UNOFFICIAL COPY 24 RS BR 434 Page 13 of 55 XXXX 2/14/2024 1:43 PM Jacketed by the Accreditation Review Commission on Education for the 1 Physician Assistant or its predecessor or successor agencies, is 2 practicing under a supervising physician as defined by KRS 311.840, 3 and: 4 a. Has two (2) years of clinical experience in the assessment, 5 evaluation, and treatment of mental disorders; or 6 b. Has been employed by a hospital or forensic psychiatric facility 7 licensed by the Commonwealth or a psychiatric unit of a general 8 hospital or a private agency or company engaged in the provision 9 of mental health services or a regional community program for 10 mental health and individuals with an intellectual disability for at 11 least two (2) years; or 12 4. Holds a bachelor's degree, possesses a current physician assistant 13 certificate issued by the board prior to July 15, 2002, is practicing under 14 a supervising physician as defined by KRS 311.840, and: 15 a. Has three (3) years of clinical experience in the assessment, 16 evaluation, and treatment of mental disorders; or 17 b. Has been employed by a hospital or forensic psychiatric facility 18 licensed by the Commonwealth or a psychiatric unit of a general 19 hospital or a private agency or company engaged in the provision 20 of mental health services or a regional community program for 21 mental health and individuals with an intellectual disability for at 22 least three (3) years; 23 (54)[(53)] "Reasonable and prudent parent standard" has the same meaning as in 42 24 U.S.C. sec. 675(10); 25 (55)[(54)] "Residential treatment facility" means a facility or group home with more 26 than eight (8) beds designated by the Department of Juvenile Justice or the cabinet 27 UNOFFICIAL COPY 24 RS BR 434 Page 14 of 55 XXXX 2/14/2024 1:43 PM Jacketed for the treatment of children; 1 (56)[(55)] "Retain in custody" means, after a child has been taken into custody, the 2 continued holding of the child by a peace officer for a period of time not to exceed 3 twelve (12) hours when authorized by the court or the court-designated worker for 4 the purpose of making preliminary inquiries; 5 (57)[(56)] "Risk and needs assessment" means an actuarial tool scientifically proven to 6 identify specific factors and needs that are related to delinquent and noncriminal 7 misconduct; 8 (58)[(57)] "School personnel" means those certified persons under the supervision of the 9 local public or private education agency; 10 (59)[(58)] "Secretary" means the secretary of the Cabinet for Health and Family 11 Services; 12 (60)[(59)] "Secure juvenile detention facility" means any physically secure facility used 13 for the secure detention of children other than any facility in which adult prisoners 14 are confined; 15 (61)[(60)] "Serious physical injury" means physical injury which creates a substantial 16 risk of death or which causes serious and prolonged disfigurement, prolonged 17 impairment of health, or prolonged loss or impairment of the function of any bodily 18 member or organ; 19 (62)[(61)] "Sexual abuse" includes but is not necessarily limited to any contacts or 20 interactions in which the parent, guardian, person in a position of authority or 21 special trust, as those terms are defined in KRS 532.045, or other person having 22 custodial control or supervision of the child or responsibility for his or her welfare, 23 uses or allows, permits, or encourages the use of the child for the purposes of the 24 sexual stimulation of the perpetrator or another person; 25 (63)[(62)] "Sexual exploitation" includes but is not limited to a situation in which a 26 parent, guardian, person in a position of authority or special trust, as those terms 27 UNOFFICIAL COPY 24 RS BR 434 Page 15 of 55 XXXX 2/14/2024 1:43 PM Jacketed are defined in KRS 532.045, or other person having custodial control or supervision 1 of a child or responsible for his or her welfare, allows, permits, or encourages the 2 child to engage in an act which constitutes prostitution under Kentucky law; or a 3 parent, guardian, person in a position of authority or special trust, as those terms 4 are defined in KRS 532.045, or other person having custodial control or supervision 5 of a child or responsible for his or her welfare, allows, permits, or encourages the 6 child to engage in an act of obscene or pornographic photographing, filming, or 7 depicting of a child as provided for under Kentucky law; 8 (64)[(63)] "Social service worker" means any employee of the cabinet or any private 9 agency designated as such by the secretary of the cabinet or a social worker 10 employed by a county or city who has been approved by the cabinet to provide, 11 under its supervision, services to families and children; 12 (65)[(64)] "Staff secure facility for residential treatment" means any setting which 13 assures that all entrances and exits are under the exclusive control of the facility 14 staff, and in which a child may reside for the purpose of receiving treatment; 15 (66)[(65)] (a) "Status offense action" is any action brought in the interest of a child 16 who is accused of committing acts, which if committed by an adult, would not 17 be a crime. Such behavior shall not be considered criminal or delinquent and 18 such children shall be termed status offenders. Status offenses shall include: 19 1. Beyond the control of school or beyond the control of parents; 20 2. Habitual runaway; 21 3. Habitual truant; and 22 4. Alcohol offenses as provided in KRS 244.085. 23 (b) Status offenses shall not include violations of state or local ordinances which 24 may apply to children such as a violation of curfew; 25 (67)[(66)] "Take into custody" means the procedure by which a peace officer or other 26 authorized person initially assumes custody of a child. A child may be taken into 27 UNOFFICIAL COPY 24 RS BR 434 Page 16 of 55 XXXX 2/14/2024 1:43 PM Jacketed custody for a period of time not to exceed two (2) hours; 1 (68)[(67)] "Transitional living support" means all benefits to which an eligible youth is 2 entitled upon being granted extended or reinstated commitment to the cabinet by the 3 court; 4 (69)[(68)] "Transition plan" means a plan that is personalized at the direction of the 5 youth that: 6 (a) Includes specific options on housing, health insurance, education, local 7 opportunities for mentors and continuing support services, and workforce 8 supports and employment services; and 9 (b) Is as detailed as the youth may elect; 10 (70)[(69)] "Valid court order" means a court order issued by a judge to a child alleged or 11 found to be a status offender: 12 (a) Who was brought before the court and made subject to the order; 13 (b) Whose future conduct was regulated by the order; 14 (c) Who was given written and verbal warning of the consequences of the 15 violation of the order at the time the order was issued and whose attorney or 16 parent or legal guardian was also provided with a written notice of the 17 consequences of violation of the order, which notification is reflected in the 18 record of the court proceedings; and 19 (d) Who received, before the issuance of the order, the full due process rights 20 guaranteed by the Constitution of the United States; 21 (71)[(70)] "Violation" means any offense, other than a traffic infraction, for which a 22 sentence of a fine only can be imposed; 23 (72)[(71)] "Youth alternative center" means a nonsecure facility, approved by the 24 Department of Juvenile Justice, for the detention of juveniles, both prior to 25 adjudication and after adjudication, which meets the criteria specified in KRS 26 15A.320; and 27 UNOFFICIAL COPY 24 RS BR 434 Page 17 of 55 XXXX 2/14/2024 1:43 PM Jacketed (73)[(72)] "Youthful offender" means any person regardless of age, transferred to Circuit 1 Court under the provisions of KRS Chapter 635 or 640 and who is subsequently 2 convicted in Circuit Court. 3 Section 2. KRS 620.040 is amended to read as follows: 4 (1) (a) Upon receipt of a report alleging abuse [or neglect ]by a parent, guardian, 5 fictive kin, person in a position of authority, person in a position of special 6 trust, or person exercising custodial control or supervision, as those terms are 7 defined in KRS 532.045, pursuant to KRS 620.030(1) or (2), or a report 8 alleging a child is a victim of human trafficking pursuant to KRS 620.030(3), 9 the recipient of the report shall immediately notify the cabinet or its 10 designated representative, the local law enforcement agency or the 11 Department of Kentucky State Police, and the Commonwealth's or county 12 attorney of the receipt of the report. If any agency listed above is the reporting 13 source, the recipient shall immediately notify the cabinet or its designated 14 representative, the local law enforcement agency, the Department of 15 Kentucky State Police, and the Commonwealth's or county attorney of the 16 receipt of the report. 17 (b) Based upon the allegation in the report, the cabinet shall immediately make an 18 initial determination as to the risk of harm and immediate safety of the child. 19 Based upon the level of risk determined, the cabinet shall investigate the 20 allegation or accept the report for an assessment of family needs and, if 21 appropriate, may provide or make referral to any community-based services 22 necessary to reduce risk to the child and to provide family support. A report of 23 sexual abuse or human trafficking of a child shall be considered high risk and 24 shall not be referred to any other community agency. 25 (c) The cabinet shall, within seventy-two (72) hours, exclusive of weekends and 26 holidays, make a written report to the Commonwealth's or county attorney 27 UNOFFICIAL COPY 24 RS BR 434 Page 18 of 55 XXXX 2/14/2024 1:43 PM Jacketed and the local law enforcement agency or the Department of Kentucky State 1 Police concerning the action that has been taken on the investigation. 2 (d) If the report alleges abuse [or neglect ]by someone other than a parent, 3 guardian, fictive kin, person in a position of authority, person in a position of 4 special trust, or person exercising custodial control or supervision, as those 5 terms are defined in KRS 532.045, or the human trafficking of a child, the 6 cabinet shall immediately notify the Commonwealth's or county attorney and 7 the local law enforcement agency or the Department of Kentucky State Police. 8 (2) (a) Upon receipt of a report alleging neglect or dependency pursuant to KRS 9 620.030(1) and (2), the recipient shall immediately notify the cabinet or its 10 designated representative. 11 (b) Based upon the allegation in the report, the cabinet shall immediately make an 12 initial determination as to the risk of harm and immediate safety of the child. 13 Based upon the level of risk, the cabinet shall investigate the allegation or 14 accept the report for an assessment of family needs and, if appropriate, may 15 provide or make referral to any community-based services necessary to reduce 16 risk to the child and to provide family support. A report of sexual abuse or 17 human trafficking of a child shall be considered high risk and shall not be 18 referred to any other community agency. 19 (c) The cabinet need not notify the local law enforcement agency or the 20 Department of Kentucky State Police or Commonwealth's or county attorney 21 of reports made under this subsection unless the report involves the human 22 trafficking of a child, in which case the notification shall be required. 23 (3) If the cabinet or its designated representative receives a report of abuse by a person 24 other than a parent, guardian, fictive kin, person in a position of authority, person in 25 a position of special trust, or other person exercising custodial control or 26 supervision of a child, as those terms are defined in KRS 532.045, it shall 27 UNOFFICIAL COPY 24 RS BR 434 Page 19 of 55 XXXX 2/14/2024 1:43 PM Jacketed immediately notify the local law enforcement agency or the Department of 1 Kentucky State Police and the Commonwealth's or county attorney of the receipt of 2 the report and its contents, and they shall investigate the matter. The cabinet or its 3 designated representative shall participate in an investigation of noncustodial 4 physical abuse or neglect at the request of the local law enforcement agency or the 5 Department of Kentucky State Police. The cabinet shall participate in all 6 investigations of reported or suspected sexual abuse or human trafficking of a child. 7 (4) School personnel or other persons listed in KRS 620.030(2) do not have the 8 authority to conduct internal investigations in lieu of the official investigations 9 outlined in this section. 10 (5) (a) [If, ]After receiving the report, the law enforcement officer, the cabinet, or its 11 designated representative [cannot gain admission to the location of the 12 child,]shall seek a search warrant for admission to the location of the child 13 unless admission has already been granted by informed consent[shall be 14 requested from, and may be issued by, the judge to the appropriate law 15 enforcement official upon probable cause that the child is dependent, 16 neglected, or abused]. If, pursuant to a search[ under a warrant], a child is 17 discovered and appears to be in imminent danger, the child may be removed 18 by the law enforcement officer. 19 (b) Any interview by the cabinet or its designated representative of a child, 20 parent, or other party to the case shall be recorded and retained for a period 21 of five (5) years. 22 (c)[(b)] If a child who is in a hospital or under the immediate care of a physician 23 appears to be in imminent danger if he or she is returned to the persons having 24 custody of him or her, the physician or hospital administrator may hold the 25 child without court order, provided that a request is made to the court for an 26 emergency custody order at the earliest practicable time, not to exceed 27 UNOFFICIAL COPY 24 RS BR 434 Page 20 of 55 XXXX 2/14/2024 1:43 PM Jacketed seventy-two (72) hours. 1 (d)[(c)] Any appropriate law enforcement officer may take a child into 2 protective custody and may hold that child in protective custody without the 3 consent of the parent or other person exercising custodial control or 4 supervision if there exist reasonable grounds for the officer to believe that the 5 child is in danger of imminent death or serious physical injury, is being 6 sexually abused, or is a victim of human trafficking and that the parents or 7 other person exercising custodial control or supervision are unable or 8 unwilling to protect the child. The officer or the person to whom the officer 9 entrusts the child shall, within twelve (12) hours of taking the child into 10 protective custody, request the court to issue an emergency custody order. 11 (e)[(d)] When a law enforcement officer, hospital administrator, or physician 12 takes a child into custody without the consent of the parent or other person 13 exercising custodial control or supervision, he or she shall provide written 14 notice to the parent or other person stating the reasons for removal of the 15 child. Failure of the parent or other person to receive notice shall not, by 16 itself, be cause for civil or criminal liability. 17 (f)[(e)] 1. If a report includes a child fatality or near fatality, and the law 18 enforcement officer has reasonable grounds to believe any parent or 19 person exercising custodial control or supervision of the child was under 20 the influence of alcohol or drugs at the time the fatality or near fatality 21 occurred, the law enforcement officer shall request a test of blood, 22 breath, or urine from that person. 23 2. If, after making the request, consent is not given for the test of blood, 24 breath, or urine, a search warrant shall be requested from and may be 25 issued by the judge to the appropriate law enforcement official upon 26 probable cause that a child fatality or near fatality has occurred and that 27 UNOFFICIAL COPY 24 RS BR 434 Page 21 of 55 XXXX 2/14/2024 1:43 PM Jacketed the person exercising custodial control or supervision of the child at the 1 time of the fatality or near fatality was under the influence. 2 3. Any test requested under this section shall be conducted pursuant to the 3 testing procedures and requirements in KRS 189A.103. 4 (6) To the extent practicable and when in the best interest of a child alleged to have 5 been abused, interviews with the child shall be conducted at a children's advocacy 6 center. 7 (7) (a) One (1) or more multidisciplinary teams may be established in every county 8 or group of contiguous counties. 9 (b) Membership of the multidisciplinary team shall include but shall not be 10 limited to social service workers employed by the Cabinet for Health and 11 Family Services and law enforcement officers. Additional team members may 12 include Commonwealth's and county attorneys, children's advocacy center 13 staff, mental health professionals, medical professionals, victim advocates 14 including advocates for victims of human trafficking, educators, and other 15 related professionals, as deemed appropriate. 16 (c) The multidisciplinary team shall review child sexual abuse cases and child 17 human trafficking cases involving commercial sexual activity referred by 18 participating professionals, including those in which the alleged perpetrator 19 does not have custodial control or supervision of the child or is not 20 responsible for the child's welfare. The purpose of the multidisciplinary team 21 shall be to review investigations, assess service delivery, and to facilitate 22 efficient and appropriate disposition of cases through the criminal justice 23 system. 24 (d) The team shall hold regularly scheduled meetings if new reports of sexual 25 abuse or child human trafficking cases involving commercial sexual activity 26 are received or if active cases exist. At each meeting, each active case shall be 27 UNOFFICIAL COPY 24 RS BR 434 Page 22 of 55 XXXX 2/14/2024 1:43 PM Jacketed presented and the agencies' responses assessed. 1 (e) The multidisciplinary team shall provide an annual report to the public of 2 nonidentifying case information to allow assessment of the processing and 3 disposition of child sexual abuse cases and child human trafficking cases 4 involving commercial sexual activity. 5 (f) Multidisciplinary team members and anyone invited by the multidisciplinary 6 team to participate in a meeting shall not divulge case information, including 7 information regarding the identity of the victim or source of the report. Team 8 members and others attending meetings shall sign a confidentiality statement 9 that is consistent with statutory prohibitions on disclosure of this information. 10 (g) The multidisciplinary team shall, pursuant to KRS 431.600 and 431.660, 11 develop a local protocol consistent with the model protocol issued by the 12 Kentucky Multidisciplinary Commission on Child Sexual Abuse. The local 13 team shall submit the protocol to the commission for review and approval. 14 (h) The multidisciplinary team review of a case may include information from 15 reports generated by agencies, organizations, or individuals that are 16 responsible for investigation, prosecution, or treatment in the case, KRS 17 610.320 to KRS 610.340 notwithstanding. 18 (i) To the extent practicable, multidisciplinary teams shall be staffed by the local 19 children's advocacy center. 20 (8) Nothing in this section shall limit the cabinet's investigatory authority under KRS 21 620.050 or any other obligation imposed by law. 22 Section 3. KRS 620.050 is amended to read as follows: 23 (1) Anyone acting upon reasonable cause in the making of a report or acting under 24 KRS 620.030 to 620.050 in good faith shall have immunity from any liability, civil 25 or criminal, that might otherwise be incurred or imposed. Any such participant shall 26 have the same immunity with respect to participation in any judicial proceeding 27 UNOFFICIAL COPY 24 RS BR 434 Page 23 of 55 XXXX 2/14/2024 1:43 PM Jacketed resulting from such report or action. However, any person who knowingly makes a 1 false report and does so with malice shall be guilty of a Class A misdemeanor. 2 (2) Any employee or designated agent of a children's advocacy center shall be immune 3 from any civil liability arising from performance within the scope of the person's 4 duties as provided in KRS 620.030 to 620.050. Any such person shall have the 5 same immunity with respect to participation in any judicial proceeding. Nothing in 6 this subsection shall limit liability for negligence. Upon the request of an employee 7 or designated agent of a children's advocacy center, the Attorney General shall 8 provide for the defense of any civil action brought against the employee or 9 designated agent as provided under KRS 12.211 to 12.215. 10 (3) Neither the husband-wife nor any professional-client/patient privilege, except the 11 attorney-client and clergy-penitent privilege, shall be a ground for refusing to report 12 under this section or for excluding evidence regarding a dependent, neglected, or 13 abused child or the cause thereof, in any judicial proceedings resulting from a report 14 pursuant to this section. This subsection shall also apply in any criminal proceeding 15 in District or Circuit Court regarding a dependent, neglected, or abused child. 16 (4) Upon receipt of a report of an abused, neglected, or dependent child pursuant to this 17 chapter, the cabinet as the designated agency or its delegated representative shall 18 initiate a prompt investigation or assessment of family needs, take necessary action, 19 and shall offer protective services toward safeguarding the welfare of the child. The 20 cabinet shall work toward preventing further dependency, neglect, or abuse of the 21 child or any other child under the same care, and preserve and strengthen family 22 life, where possible, by enhancing parental capacity for adequate child care. 23 (5) The report of suspected child abuse, neglect, or dependency and all information 24 obtained by the cabinet or its delegated representative, as a result of an investigation 25 or assessment made pursuant to this chapter, except for those records provided for 26 in subsection (6) of this section, shall not be divulged to anyone except: 27 UNOFFICIAL COPY 24 RS BR 434 Page 24 of 55 XXXX 2/14/2024 1:43 PM Jacketed (a) Persons suspected of causing dependency, neglect, or abuse; 1 (b) The custodial parent or legal guardian of the child alleged to be dependent, 2 neglected, or abused; 3 (c) Persons within the cabinet with a legitimate interest or responsibility related 4 to the case; 5 (d) A licensed child-caring facility or child-placing agency evaluating placement 6 for or serving a child who is believed to be the victim of an abuse, neglect, or 7 dependency report; 8 (e) Other medical, psychological, educational, or social service agencies, child 9 care administrators, corrections personnel, or law enforcement agencies, 10 including the county attorney's office, the coroner, and the local child fatality 11 response team, that have a legitimate interest in the case; 12 (f) A noncustodial parent when the dependency, neglect, or abuse is 13 substantiated; 14 (g) Members of multidisciplinary teams as defined by KRS 620.020 and which 15 operate pursuant to KRS 431.600; 16 (h) Employees or designated agents of a children's advocacy center; 17 (i) Those persons so authorized by court order; or 18 (j) The external child fatality and near fatality review panel established by KRS 19 620.055. 20 (6) Any interview by the cabinet or its designated representative of a child, parent, or 21 other party to the case shall be recorded and retained for a period of five (5) 22 years. 23 (7)[(6)] (a) Files, reports, notes, photographs, records, electronic and other 24 communications, and working papers used or developed by a children's advocacy 25 center in providing services under this chapter are confidential and shall not be 26 disclosed except to the following persons: 27 UNOFFICIAL COPY 24 RS BR 434 Page 25 of 55 XXXX 2/14/2024 1:43 PM Jacketed 1. Staff employed by the cabinet, law enforcement officers, and 1 Commonwealth's and county attorneys who are directly involved in the 2 investigation or prosecution of the case, including a cabinet 3 investigation or assessment of child abuse, neglect, and dependency in 4 accordance with this chapter; 5 2. Medical and mental health professionals listed by name in a release of 6 information signed by the guardian of the child, provided that the 7 information shared is limited to that necessary to promote the physical 8 or psychological health of the child or to treat the child for abuse-related 9 symptoms; 10 3. The court and those persons so authorized by a court order; 11 4. The external child fatality and near fatality review panel established by 12 KRS 620.055; and 13 5. The parties to an administrative hearing conducted by the cabinet or its 14 designee in accordance with KRS Chapter 13B in an appeal of a cabinet- 15 substantiated finding of abuse or neglect. The children's advocacy center 16 may, in its sole discretion, provide testimony in lieu of files, reports, 17 notes, photographs, records, electronic and other communications, and 18 working papers used or developed by the center if the center determines 19 that the release poses a threat to the safety or well-being of the child, or 20 would be in the best interests of the child. Following the administrative 21 hearing and any judicial review, the parties to the administrative hearing 22 shall return all files, reports, notes, photographs, records, electronic and 23 other communications, and working papers used or developed by the 24 children's advocacy center to the center. 25 (b) The provisions of this subsection shall not be construed as to contravene the 26 Rules of Criminal Procedure relating to discovery. 27 UNOFFICIAL COPY 24 RS BR 434 Page 26 of 55 XXXX 2/14/2024 1:43 PM Jacketed (8)[(7)] Nothing in this section shall prohibit a parent or guardian from accessing 1 records for his or her child providing that the parent or guardian is not currently 2 under investigation by a law enforcement agency or the cabinet relating to the abuse 3 or neglect of a child. 4 (9)[(8)] Nothing in this section shall prohibit employees or designated agents of a 5 children's advocacy center from disclosing information during a multidisciplinary 6 team review of a child sexual abuse case as set forth under KRS 620.040. Persons 7 receiving this information shall sign a confidentiality statement consistent with 8 statutory prohibitions on disclosure of this information. 9 (10)[(9)] Employees or designated agents of a children's advocacy center may confirm 10 to another children's advocacy center that a child has been seen for services. If an 11 information release has been signed by the guardian of the child, a children's 12 advocacy center may disclose relevant information to another children's advocacy 13 center. 14 (11)[(10)] (a) An interview of a child recorded at a children's advocacy center shall 15 not be duplicated, except that the Commonwealth's or county attorney 16 prosecuting the case may: 17 1. Make and retain one (1) copy of the interview; and 18 2. Make one (1) copy for the defendant's or respondent's counsel that the 19 defendant's or respondent's counsel shall not duplicate. 20 (b) The defendant's or respondent's counsel shall file the copy with the court clerk 21 at the close of the case. 22 (c) Unless objected to by the victim or victims, the court, on its own motion, or 23 on motion of the attorney for the Commonwealth shall order all recorded 24 interviews that are introduced into evidence or are in the possession of the 25 children's advocacy center, law enforcement, the prosecution, or the court to 26 be sealed. 27 UNOFFICIAL COPY 24 RS BR 434 Page 27 of 55 XXXX 2/14/2024 1:43 PM Jacketed (d) The provisions of this subsection shall not be construed as to contravene the 1 Rules of Criminal Procedure relating to discovery. 2 (12)[(11)] Identifying information concerning the individual initiating the report under 3 KRS 620.030 shall not be disclosed except: 4 (a) To law enforcement officials that have a legitimate interest in the case; 5 (b) To the agency designated by the cabinet to investigate or assess the report; 6 (c) To members of multidisciplinary teams as defined by KRS 620.020 that 7 operated under KRS 431.600 8 (d) Under a court order, after the court has conducted an in camera review of the 9 record of the state related to the report and has found reasonable cause to 10 believe that the reporter knowingly made a false report; or 11 (e) The external child fatality and near fatality review panel established by KRS 12 620.055. 13 (13)[(12)] (a) Information may be publicly disclosed by the cabinet in a case where 14 child abuse or neglect has resulted in a child fatality or near fatality. 15 (b) The cabinet shall conduct an internal review of any case where child abuse or 16 neglect has resulted in a child fatality or near fatality and the cabinet had prior 17 involvement with the child or family. The cabinet shall prepare a summary 18 that includes an account of: 19 1. The cabinet's actions and any policy or personnel changes taken or to be 20 taken, including the results of appeals, as a result of the findings from 21 the internal review; and 22 2. Any cooperation, assistance, or information from any agency of the state 23 or any other agency, institution, or facility providing services to the 24 child or family that were requested and received by the cabinet during 25 the investigation of a child fatality or near fatality. 26 (c) The cabinet shall submit a report by September 1 of each year containing an 27 UNOFFICIAL COPY 24 RS BR 434 Page 28 of 55 XXXX 2/14/2024 1:43 PM Jacketed analysis of all summaries of internal reviews occurring during the previous 1 year and an analysis of historical trends to the Governor, the General 2 Assembly, and the state child fatality review team created under KRS 3 211.684. 4 (14)[(13)] When an adult who is the subject of information made confidential by 5 subsection (5) of this section publicly reveals or causes to be revealed any 6 significant part of the confidential matter or information, the confidentiality 7 afforded by subsection (5) of this section is presumed voluntarily waived, and 8 confidential information and records about the person making or causing the public 9 disclosure, not already disclosed but related to the information made public, may be 10 disclosed if disclosure is in the best interest of the child or is necessary for the 11 administration of the cabinet's duties under this chapter. 12 (15)[(14)] As a result of any report of suspected child abuse or neglect, photographs and 13 X-rays or other appropriate medical diagnostic procedures may be taken or caused 14 to be taken, without the consent of the parent or other person exercising custodial 15 control or supervision of the child, as a part of the medical evaluation or 16 investigation of these reports. These photographs and X-rays or results of other 17 medical diagnostic procedures may be introduced into evidence in any subsequent 18 judicial proceedings or an administrative hearing conducted by the cabinet or its 19 designee in accordance with KRS Chapter 13B in an appeal of a cabinet- 20 substantiated finding of child abuse or neglect. The person performing the 21 diagnostic procedures or taking photographs or X-rays shall be immune from 22 criminal or civil liability for having performed the act. Nothing herein shall limit 23 liability for negligence. 24 (16)[(15)] In accordance with 42 U.S.C. sec. 671, the cabinet shall share information 25 about a child in the custody of the cabinet with a relative or a parent of the child's 26 sibling for the purposes of: 27 UNOFFICIAL COPY 24 RS BR 434 Page 29 of 55 XXXX 2/14/2024 1:43 PM Jacketed (a) Evaluating or arranging a placement for the child; 1 (b) Arranging appropriate treatment services for the child; or 2 (c) Establishing visitation between the child and a relative, including a sibling of 3 the child. 4 (17)[(16)] In accordance with 42 U.S.C. sec. 671, the cabinet shall, in the case of 5 siblings removed from their home who are not jointly placed, provide for frequent 6 visitation or other ongoing interaction between the siblings, unless the cabinet 7 determines that frequent visitation or other ongoing interaction would be contrary to 8 the safety or well-being of any of the siblings. 9 Section 4. KRS 620.072 is amended to read as follows: 10 (1) If the cabinet's initial determination as to the risk of harm to and immediate safety 11 of an alleged abused [or neglected ]child as defined in KRS 600.020 requires an 12 investigation or assessment pursuant to administrative regulations promulgated by 13 the cabinet, including consideration of information on the nature and extent of a 14 present danger or threat of danger to the child or cabinet staff, and if: 15 (a) The investigation requires a visit to the residence or location where the 16 reported abuse [or neglect ]occurred, the cabinet shall make the visit 17 unannounced; or 18 (b) The assessment requires a visit to the residence or location where the reported 19 abuse [or neglect ]occurred, the cabinet shall make the visit announced or 20 unannounced; 21 in addition to any other actions taken to protect the child. 22 (2) If the initial visit is necessary, after it is completed, the cabinet shall incorporate 23 unannounced visits with any necessary scheduled visits until the welfare of the 24 child has been safeguarded in accordance with administrative regulations 25 promulgated by the cabinet. 26 (3) If there is reason to believe a child is in imminent danger[, or if a parent or 27 UNOFFICIAL COPY 24 RS BR 434 Page 30 of 55 XXXX 2/14/2024 1:43 PM Jacketed caretaker of a child refuses the cabinet entry to a child's home or refuses to allow a 1 child to be interviewed,] the cabinet shall[may] request assistance: 2 (a) From law enforcement; or 3 (b) Through a request for a court order pursuant to KRS 620.040(5)(a). 4 (4) A school or a child-care provider shall provide the cabinet access to a child subject 5 to an investigation or assessment without parental consent only if there is a court 6 order. 7 Section 5. KRS 625.090 is amended to read as follows: 8 (1) The Circuit Court may involuntarily terminate all parental rights of a parent of a 9 named child, if the Circuit Court finds from the pleadings and by clear and 10 convincing evidence that: 11 (a) 1. The child has been adjudged to be an abused [or neglected ]child, as 12 defined in KRS 600.020(1), by a court of competent jurisdiction; 13 2. The child is found to be an abused [or neglected ]child, as defined in 14 KRS 600.020[(1)], by the Circuit Court in this proceeding; 15 3. The child is found to have been diagnosed with neonatal abstinence 16 syndrome at the time of birth, unless his or her birth mother: 17 a. Was prescribed and properly using medication for a legitimate 18 medical condition as directed by a health care practitioner that may 19 have led to the neonatal abstinence syndrome; 20 b. Is currently, or within ninety (90) days after the birth, enrolled in 21 and maintaining substantial compliance with both a substance 22 abuse treatment or recovery program and a regimen of prenatal 23 care or postnatal care as recommended by her health care 24 practitioner throughout the remaining term of her pregnancy or the 25 appropriate time after her pregnancy; or 26 c. In the absence of a prescription for the treatment of a legitimate 27 UNOFFICIAL COPY 24 RS BR 434 Page 31 of 55 XXXX 2/14/2024 1:43 PM Jacketed medical condition, agrees, prior to discharge from the hospital, to 1 participate in a court-ordered assessment by a drug treatment 2 provider and the assigning of a certified peer support specialist for 3 referral to appropriate treatment, and agrees to participate in 4 treatment which shall commence within ninety (90) days after the 5 birth; or 6 4. The parent has been convicted of a criminal charge relating to the 7 physical or sexual abuse [or neglect ]of any child and that physical or 8 sexual abuse[, neglect, or emotional injury] to the child named in the 9 present termination action is likely to occur if the parental rights are not 10 terminated; 11 (b) 1. The Cabinet for Health and Family Services has filed a petition with the 12 court pursuant to KRS 620.180 or 625.050; or 13 2. A child-placing agency licensed by the cabinet, any county or 14 Commonwealth's attorney, or a parent has filed a petition with the court 15 under KRS 625.050; and 16 (c) Termination would be in the best interest of the child. 17 (2) No termination of parental rights shall be ordered unless the Circuit Court also finds 18 by clear and convincing evidence the existence of one (1) or more of the following 19 grounds: 20 (a) That the parent has abandoned the child for a period of not less than ninety 21 (90) days; 22 (b) That the parent has inflicted or allowed to be inflicted upon the child, by other 23 than accidental means, serious physical injury; 24 (c) That the parent has continuously or repeatedly inflicted or allowed to be 25 inflicted upon the child, by other than accidental means, serious physical 26 injury or emotional harm; 27 UNOFFICIAL COPY 24 RS BR 434 Page 32 of 55 XXXX 2/14/2024 1:43 PM Jacketed (d) That the parent has been convicted of a felony that involved the infliction of 1 serious physical injury to any child; 2 (e) That the parent, for a period of not less than six (6) months, has continuously 3 or repeatedly failed or refused to provide or has been substantially incapable 4 of providing essential parental care and protection for the child and that there 5 is no reasonable expectation of improvement in parental care and protection, 6 considering the age of the child; 7 (f) That the parent has caused or allowed the child to be sexually abused or 8 exploited; 9 (g) That the parent, for reasons other than poverty alone, has continuously or 10 repeatedly failed to provide or is incapable of providing essential food, 11 clothing, shelter, medical care, or education reasonably necessary and 12 available for the child's well-being and that there is no reasonable expectation 13 of significant improvement in the parent's conduct in the immediately 14 foreseeable future, considering the age of the child; 15 (h) That: 16 1. The parent's parental rights to another child have been involuntarily 17 terminated; 18 2. The child named in the present termination action was born subsequent 19 to or during the pendency of the previous termination; and 20 3. The conditions or factors which were the basis for the previous 21 termination finding have not been corrected; 22 (i) That the parent has been convicted in a criminal proceeding of having caused 23 or contributed to the death of another child as a result of physical or sexual 24 abuse or neglect; 25 (j) That the child has been in foster care under the responsibility of the cabinet 26 for fifteen (15) cumulative months out of forty-eight (48) months preceding 27 UNOFFICIAL COPY 24 RS BR 434 Page 33 of 55 XXXX 2/14/2024 1:43 PM Jacketed the filing of the petition to terminate parental rights; or 1 (k) That the child has been removed from the biological or legal parents more 2 than two (2) times in a twenty-four (24) month period by the cabinet or a 3 court. 4 (3) In determining the best interest of the child and the existence of a ground for 5 termination, the Circuit Court shall consider the following factors: 6 (a) Mental illness as defined by KRS 202A.011(9), or an intellectual disability as 7 defined by KRS 202B.010(9) of the parent as certified by a qualified mental 8 health professional, which renders the parent consistently unable to care for 9 the immediate and ongoing physical or psychological needs of the child for 10 extended periods of time; 11 (b) Acts of abuse [or neglect ]as defined in KRS 600.020[(1)] toward any child in 12 the family; 13 (c) If the child has been placed with the cabinet, whether the cabinet has, prior to 14 the filing of the petition made reasonable efforts as defined in KRS 620.020 to 15 reunite the child with the parents unless one or more of the circumstances 16 enumerated in KRS 610.127 for not requiring reasonable efforts have been 17 substantiated in a written finding by the District Court; 18 (d) The efforts and adjustments the parent has made in his or her circumstances, 19 conduct, or conditions to make it in the child's best interest to return him or 20 her to the parent's[his] home within a reasonable period of time, considering 21 the age of the child; 22 (e) The physical, emotional, and mental health of the child and the prospects for 23 the improvement of the child's welfare if termination is ordered; and 24 (f) The payment or the failure to pay a reasonable portion of substitute physical 25 care and maintenance if financially able to do so. 26 (4) If the child has been placed with the cabinet, the parent may present testimony 27 UNOFFICIAL COPY 24 RS BR 434 Page 34 of 55 XXXX 2/14/2024 1:43 PM Jacketed concerning the reunification services offered by the cabinet and whether additional 1 services would be likely to bring about lasting parental adjustment enabling a return 2 of the child to the parent. 3 (5) If the parent proves by a preponderance of the evidence that the child will not 4 continue to be an abused [or neglected ]child as defined in KRS 600.020[(1)] if 5 returned to the parent the court in its discretion may determine not to terminate 6 parental rights. 7 (6) Upon the conclusion of proof and argument of counsel, the Circuit Court shall enter 8 findings of fact, conclusions of law, and a decision as to each parent-respondent 9 within thirty (30) days either: 10 (a) Terminating the right of the parent; or 11 (b) Dismissing the petition and stating whether the child shall be returned to the 12 parent or shall remain in the custody of the state. 13 Section 6. KRS 620.060 is amended to read as follows: 14 (1) The court for the county where the child ordinarily resides or will reside or the 15 county where the child is present may issue an ex parte emergency custody order 16 when it appears to the court that removal is in the best interest of the child and that 17 there are reasonable grounds to believe, as supported by affidavit or by recorded 18 sworn testimony, that one (1) or more of the following conditions exist and that the 19 parents or other person exercising custodial control or supervision are unable or 20 unwilling to protect the child: 21 (a) The child is in danger of imminent death or serious physical injury or is being 22 sexually abused; 23 (b) The parent has repeatedly inflicted or allowed to be inflicted by other than 24 accidental means serious physical injury[ or emotional injury]. This 25 [condition ]shall not include physical discipline of a child when it: 26 1. Is reasonable and moderate; 27 UNOFFICIAL COPY 24 RS BR 434 Page 35 of 55 XXXX 2/14/2024 1:43 PM Jacketed 2. Is inflicted: 1 a. By a parent, guardian, or person in a position of authority or 2 special trust; and 3 b. For purposes of restraining or correcting the child; and 4 3. Does not otherwise constitute cruelty[reasonable and ordinary 5 discipline recognized in the community where the child lives, as long as 6 reasonable and ordinary discipline does not result in abuse or neglect as 7 defined in KRS 600.020(1)]; or 8 (c) The child is in immediate danger due to the parent's failure or refusal to 9 provide for the safety or needs of the child. 10 (2) Custody may be placed with a relative taking into account the wishes of the 11 custodial parent and child or any other appropriate person or agency including the 12 cabinet. 13 (3) An emergency custody order shall be effective no longer than seventy-two (72) 14 hours, exclusive of weekends and holidays, unless there is a temporary removal 15 hearing with oral or other notice to the county attorney and the parent or other 16 person exercising custodial control or supervision of the child, to determine if the 17 child should be held for a longer period. The seventy-two (72) hour period also may 18 be extended or delayed upon the waiver or request of the child's parent or other 19 person exercising custodial control or supervision. 20 (4) Any person authorized to serve process shall serve the parent or other person 21 exercising custodial control or supervision with a copy of the emergency custody 22 order. If such person cannot be found, the sheriff shall make a good faith effort to 23 notify the nearest known relative, neighbor, or other person familiar with the child. 24 (5) Within seventy-two (72) hours of the taking of a child into custody without the 25 consent of his or her parent or other person exercising custodial control or 26 supervision, a petition shall be filed pursuant to this chapter. 27 UNOFFICIAL COPY 24 RS BR 434 Page 36 of 55 XXXX 2/14/2024 1:43 PM Jacketed (6) Nothing herein shall preclude the issuance of arrest warrants pursuant to the Rules 1 of Criminal Procedure. 2 Section 7. KRS 15.900 is amended to read as follows: 3 As used in KRS 15.900 to 15.940: 4 (1) "Abused [or neglected ]child" has the same meaning as in KRS 600.020; 5 (2) "Child" means a person under eighteen (18) years of age; 6 (3) "Child sexual abuse and exploitation" means harm to a child's health or welfare by 7 any person, responsible or not for the child's health or welfare, which harm occurs 8 or is threatened through nonaccidental sexual contact which includes violations of 9 KRS 510.040 to 510.150, 530.020, 530.070, 531.310, 531.320, and 531.370; 10 (4) "Community resource organization" means an organization which meets the criteria 11 described in KRS 15.940; 12 (5) "Neglected child" has the same meaning as in KRS 600.020; 13 (6)[(5)] "State board" means the State Child Abuse and Neglect Prevention Board 14 created in KRS 15.905; 15 (7)[(6)] "Prevention program" means a system of direct provision of child sexual 16 abuse and exploitation or child abuse and neglect prevention services to a child, 17 parent, or guardian, but shall not include research programs related to prevention of 18 child sexual abuse and exploitation or child abuse and neglect; and 19 (8)[(7)] "Trust fund" means the child victims' trust fund established in the Office of 20 the State Treasurer. 21 Section 8. KRS 214.160 is amended to read as follows: 22 (1) Every physician and every other person legally permitted to engage in attendance 23 upon a pregnant woman in this state shall take or cause to be taken from the woman 24 a specimen of blood for serological test for syphilis as soon as he or she is engaged 25 to attend the woman and has reasonable grounds for suspecting that pregnancy 26 exists. If the woman is in labor at the time the diagnosis of pregnancy is made, 27 UNOFFICIAL COPY 24 RS BR 434 Page 37 of 55 XXXX 2/14/2024 1:43 PM Jacketed which may make it inadvisable to obtain a blood specimen at that time, the 1 specimen shall be obtained within ten (10) days after delivery. The specimen of 2 blood shall be submitted to the laboratory of the Cabinet for Health and Family 3 Services or a laboratory approved by the cabinet for the purpose of having made a 4 serological test for syphilis. The test shall be of a type approved by the Cabinet for 5 Health and Family Services. 6 (2) The Cabinet for Health and Family Services shall, as often as necessary, publish a 7 list of the five (5) most frequently abused substances, including alcohol, by 8 pregnant women in the Commonwealth. Any physician and any other person legally 9 permitted to engage in attendance upon a pregnant woman in this state may perform 10 a screening for alcohol or substance dependency or abuse, including a 11 comprehensive history of such behavior. Any physician may administer a 12 toxicology test to a pregnant woman under the physician's care within eight (8) 13 hours after delivery to determine whether there is evidence that she has ingested 14 alcohol, a controlled substance, or a substance identified on the list provided by the 15 cabinet, or if the woman has obstetrical complications that are a medical indication 16 of possible use of any such substance for a nonmedical purpose. 17 (3) Any physician or person legally permitted to engage in attendance upon a pregnant 18 woman may administer to each newborn infant born under that person's care a 19 toxicology test to determine whether there is evidence of prenatal exposure to 20 alcohol, a controlled substance, or a substance identified on the list provided by the 21 Cabinet for Health and Family Services, if the attending person has reason to 22 believe, based on a medical assessment of the mother or the infant, that the mother 23 used any such substance for a nonmedical purpose during the pregnancy. 24 (4) The circumstances surrounding any positive toxicology finding shall be evaluated 25 by the attending person to determine if abuse or neglect of the infant, as defined 26 under KRS 600.020[(1)], shall be reported to the state's child protective services 27 UNOFFICIAL COPY 24 RS BR 434 Page 38 of 55 XXXX 2/14/2024 1:43 PM Jacketed agency. 1 (5) An infant affected by substance abuse withdrawal symptoms resulting from prenatal 2 drug exposure or fetal alcohol spectrum disorder shall be reported to the state's 3 child protective services agency in accordance with 42 U.S.C. sec. 5106a. 4 (6) No prenatal screening for alcohol or other substance abuse or positive toxicology 5 finding shall be used as prosecutorial evidence. 6 (7) No person shall conduct or cause to be conducted any toxicological test pursuant to 7 this section on any pregnant woman without first informing the pregnant woman of 8 the purpose of the test. 9 (8) Every physician or other person legally permitted to engage in attendance upon a 10 pregnant woman in the Commonwealth shall take or cause to be taken from the 11 woman a specimen of blood which shall be submitted for the purpose of serologic 12 testing for the presence of hepatitis B surface antigen to a laboratory certified by the 13 United States Department for Health and Human Services pursuant to Section 333 14 of the Public Health Service Act (42 U.S.C. sec. 263a), as revised by the Clinical 15 Laboratory Improvement Amendments (CLIA), Pub. L. No.[Pub.L.] 100-578. 16 (9) (a) Every physician or other person legally permitted to engage in attendance 17 upon a pregnant woman in the Commonwealth shall take or cause to be taken 18 from the woman a specimen of blood which shall be submitted for the 19 purpose of serologic testing for the presence of hepatitis C virus antibodies 20 and RNA in the blood. 21 (b) The results of this testing shall be recorded by the physician or other person 22 legally permitted to engage in attendance upon a pregnant woman in the 23 Commonwealth, in: 24 1. The permanent medical record of the woman; and 25 2. The permanent medical record of the child or children she was pregnant 26 with at the time of the testing after the child or children are born. 27 UNOFFICIAL COPY 24 RS BR 434 Page 39 of 55 XXXX 2/14/2024 1:43 PM Jacketed (c) If the woman receives a test result that shows she is positive for hepatitis C 1 virus antibodies or RNA, the physician or other person legally permitted to 2 engage in attendance upon a pregnant woman in the Commonwealth shall 3 orally inform and clearly document the woman or the legal guardian of the 4 child or children she was pregnant with at the time of the testing, that it is 5 recommended that serologic testing for the presence of hepatitis C virus 6 antibodies and confirmation RNA in the blood be conducted on the child or 7 children she was pregnant with at the time of the testing at the twenty-four 8 (24) month recommended well baby pediatric check-up. 9 Section 9. KRS 199.473 is amended to read as follows: 10 (1) All persons other than a child-placing agency or institution, the department, or 11 persons excepted by KRS 199.470(4) who wish to place or receive a child shall 12 make written application to the secretary for permission to place or receive a child. 13 (2) Prior to the approval of an application to place or receive a child, the fee required 14 pursuant to subsection (13) of this section shall be paid and a home study shall be 15 completed. The purpose of the home study shall be to review the background of the 16 applicant and determine the suitability of the applicant to receive a child, taking into 17 account at all times the best interest of the child for whom application to receive has 18 been made. 19 (3) (a) The home study shall be made in accordance with administrative regulations 20 promulgated by the cabinet in accordance with KRS Chapter 13A. 21 (b) The cabinet shall conduct the home study for an applicant whose total gross 22 income is equal to or less than two hundred fifty percent (250%) of the federal 23 poverty level guidelines issued each year by the federal government, unless 24 the applicant submits a written request for the home study to be conducted by 25 a licensed child-placing agency or institution. Upon request, the cabinet shall 26 make information available to an applicant who does not meet the 27 UNOFFICIAL COPY 24 RS BR 434 Page 40 of 55 XXXX 2/14/2024 1:43 PM Jacketed requirements of this paragraph to assist the applicant in obtaining a home 1 study from a licensed child-placing agency approved to provide adoption 2 services. 3 (c) A licensed child-placing agency approved to provide adoption services shall 4 conduct the home study for an applicant whose gross total income is more 5 than two hundred fifty percent (250%) of the federal poverty level guidelines 6 issued each year by the federal government. 7 (d) Calculation of family size for this subsection shall include each child 8 requested to be adopted. 9 (e) The portion of the home study pertaining to the home and family background 10 shall be valid for one (1) year following the date of its completion by an 11 adoption worker. 12 (4) The adoption worker making the home study shall make a finding in writing 13 recommending either that the application be granted or that the application be 14 denied. The recommendation of the adoption worker shall then be reviewed by the 15 secretary. 16 (5) Based on the report and recommendation of the adoption worker making the home 17 study, the secretary shall grant or refuse permission for the applicant to place or 18 receive a child as early as practicable, but, in any case, the decision shall be made 19 within sixty (60) days after the receipt of the application. In reaching a decision, the 20 secretary shall be guided by the ability of the persons wishing to receive the child to 21 give the child a suitable home, and shall at all times consider the best interest of the 22 child from a financial, medical, psychological, and psychiatric standpoint. 23 (6) If the application is refused, the secretary shall in general terms furnish in writing 24 the reasons for his or her refusal. 25 (7) Any person who seeks temporary custody of a child prior to the secretary's ruling 26 on an application for adoption shall file a petition seeking temporary custody, with 27 UNOFFICIAL COPY 24 RS BR 434 Page 41 of 55 XXXX 2/14/2024 1:43 PM Jacketed a notice of intent to adopt, with the Circuit Court that will have jurisdiction of the 1 adoption proceedings. The clerk of the court shall send a notice of the filing of the 2 petition to the cabinet. A hearing on the petition shall occur no later than seventy- 3 two (72) hours after the filing of the petition, excluding weekends and holidays. 4 Proceedings under this subsection shall be incorporated into the court's adoption 5 file. If the adoption is not finalized within six (6) months of the filing of the petition 6 and notice of intent, the court shall conduct a hearing on the status and custody of 7 the child. 8 (8) Upon a finding by the Circuit Court that the child should be placed prior to the 9 secretary's ruling on the application, the Circuit Court may grant the applicant 10 temporary custody of the child pending the decision of the secretary. Temporary 11 custody shall not be granted to an applicant unless a background check, including 12 but not limited to a criminal records check by the Justice and Public Safety Cabinet 13 or the Administrative Office of the Courts and a background check of child abuse 14 and neglect records maintained by the cabinet, has been submitted to and reviewed 15 by the court. The background check required for temporary custody shall be part of 16 the home study required under subsection (2) of this section. If the application is 17 denied by the secretary, the temporary custody order shall be set aside and, upon 18 motion of the cabinet or of the child's parent or parents, the Circuit Court may order 19 the child returned to the biological parent or parents or the child's custody may be 20 awarded to the cabinet, another licensed child-placing agency, or other individuals 21 deemed appropriate by the court. This section shall not be deemed to permit the 22 completion of any adoption proceeding without the approval of the secretary and 23 compliance with KRS 615.030, if required. 24 (9) In any case where the cabinet refuses to approve the placement of a child for 25 adoption when requested by the parent or parents of the child, or refuses the request 26 of any person or persons that a child be placed with that person or those persons for 27 UNOFFICIAL COPY 24 RS BR 434 Page 42 of 55 XXXX 2/14/2024 1:43 PM Jacketed adoption, the decision of the secretary in so refusing shall be final unless within ten 1 (10) days after notice of refusal, the biological or proposed adopting parent or 2 parents shall appeal to the Circuit Court of the county in which the adoption is 3 proposed. No placement shall be disapproved on the basis of the religious, ethnic, 4 racial, or interfaith background of the adoptive applicant, if the placement is made 5 with the consent of the parent. 6 (10) The cabinet may refuse to approve the placement of a child for adoption if the 7 child's custodial parent is unwilling for the child to be placed for adoption with the 8 proposed adoptive family. The cabinet may approve or deny the placement, in spite 9 of the fact that the custodial parent or parents are unwilling to be interviewed by the 10 cabinet or other approving entity, or if, after diligent efforts have been made, the 11 adoption worker is unable to locate or interview the custodial parent or parents. The 12 cabinet shall be made a party defendant to the appeal. In the hearing of an appeal, 13 the court shall review the findings of the secretary and shall determine if the 14 secretary has acted arbitrarily, unlawfully, or in a manner that constitutes an abuse 15 of discretion. 16 (11) If a child who does not fall within the exception provided for in KRS 199.470(4) is 17 placed or received in a home without the court's review of the background check 18 required under this section or the permission of the secretary for health and family 19 services, or if permission to receive a child has been denied, a representative of the 20 cabinet shall notify in writing or may petition the juvenile session of District Court 21 of the county in which the child is found setting out the facts concerning the child. 22 When the petition has been filed, the court shall take jurisdiction of the child and 23 shall provide for it as it would provide for a dependent child, neglected child, or 24 abused child under KRS Chapter 620, except that the child may not be placed in the 25 home of the applicants who are to receive the child unless permission to do so is 26 granted by the secretary or the action is ordered by a Kentucky court of competent 27 UNOFFICIAL COPY 24 RS BR 434 Page 43 of 55 XXXX 2/14/2024 1:43 PM Jacketed jurisdiction. 1 (12) When either the custodial parent or parents of the child to be placed or the persons 2 wishing to receive the child reside out-of-state, the requirement of KRS 615.030, 3 Interstate Compact on the Placement of Children, shall be met before the cabinet 4 gives approval for the child's placement. 5 (13) The secretary of the Cabinet for Health and Family Services shall be paid a 6 nonrefundable fee of two hundred dollars ($200) upon the filing of the written 7 application for permission to place or receive a child. Payment shall be made by 8 certified or cashier's check only. All funds collected under this section shall be 9 deposited in a restricted account, which is hereby created, for the purpose of 10 subsidizing an adoptive parent for suitable care of a special-needs child as 11 authorized in KRS 199.555. 12 (14) Nothing in this statute shall be construed to limit the authority of the cabinet or a 13 child-placing institution or agency to determine the proper disposition of a child 14 committed to it by the juvenile session of District Court or the Circuit Court, prior 15 to the filing of an application to place or receive. 16 Section 10. KRS 158.191 is amended to read as follows: 17 (1) As used in this section: 18 (a) "External health care provider" means a provider of health or mental health 19 services that is not employed by or contracted with the school district to 20 provide services to the district's students; 21 (b) "Health services" has the same meaning as in KRS 156.502; 22 (c) "Mental health services" means services provided by a school-based mental 23 health services provider as defined in KRS 158.4416 but shall not include 24 academic or career counseling; and 25 (d) "Parent" means a person who has legal custody or control of the student such 26 as a mother, father, or guardian. 27 UNOFFICIAL COPY 24 RS BR 434 Page 44 of 55 XXXX 2/14/2024 1:43 PM Jacketed (2) Upon a student's enrollment and at the beginning of each school year, the district 1 shall provide a notification to the student's parents listing each of the health services 2 and mental health services related to human sexuality, contraception, or family 3 planning available at the student's school and of the parents' right to withhold 4 consent or decline any of those specific services. A parent's consent to a health 5 service or mental health service under this subsection shall not waive the parent's 6 right to access the student's educational or health records held by the district or the 7 notifications required under subsection (3) of this section. 8 (3) Except as provided in subsection (5) of this section, as part of a school district's 9 effort to provide a safe and supportive learning environment for students, a school 10 shall notify a student's parents if: 11 (a) The school changes the health services or mental health services related to 12 human sexuality, contraception, or family planning that it provides, and shall 13 obtain parental consent prior to providing health services or mental health 14 services to the student; or 15 (b) School personnel make a referral: 16 1. For the student to receive a school's health services or mental health 17 services; or 18 2. To an external health care provider, for which parental consent shall be 19 obtained prior to the referral being made. 20 (4) School districts and district personnel shall respect the rights of parents to make 21 decisions regarding the upbringing and control of the student through procedures 22 encouraging students to discuss mental or physical health or life issues with their 23 parents or through facilitating the discussion with their parents. 24 (5) (a) The Kentucky Board of Education or the Kentucky Department of Education 25 shall not require or recommend that a local school district keep any student 26 information confidential from a student's parents. A district or school shall not 27 UNOFFICIAL COPY 24 RS BR 434 Page 45 of 55 XXXX 2/14/2024 1:43 PM Jacketed adopt policies or procedures with the intent of keeping any student 1 information confidential from parents. 2 (b) The Kentucky Board of Education or the Kentucky Department of Education 3 shall not require or recommend policies or procedures for the use of pronouns 4 that do not conform to a student's biological sex as indicated on the student's 5 original, unedited birth certificate issued at the time of birth pursuant to KRS 6 156.070(2)(g)2. 7 (c) A local school district shall not require school personnel or students to use 8 pronouns for students that do not conform to that particular student's 9 biological sex as referenced in paragraph (b) of this subsection. 10 (d) Nothing in this subsection shall prohibit a school district or district personnel 11 from withholding information from a parent if a reasonably prudent person 12 would believe, based on previous conduct and history, that the disclosure 13 would result in the child becoming a dependent child,[ or] an abused child, or 14 a neglected child, as those terms are defined in KRS 600.020. The fact that 15 district personnel withhold information from a parent under this subsection 16 shall not in itself constitute evidence of failure to report dependency, neglect, 17 or abuse to the Cabinet for Health and Family Services under KRS 620.030. 18 (6) Prior to a well-being questionnaire or assessment, or a health screening form being 19 given to a child for research purposes, a school district shall provide the student's 20 parent with access to review the material and shall obtain parental consent. Parental 21 consent shall not be a general consent to these assessments or forms but shall be 22 required for each assessment or form. A parent's refusal to consent shall not be an 23 indicator of having a belief regarding the topic of the assessment or form. 24 (7) Nothing in this section shall: 25 (a) Prohibit a school district or the district's personnel from seeking or providing 26 emergency medical or mental health services for a student as outlined in the 27 UNOFFICIAL COPY 24 RS BR 434 Page 46 of 55 XXXX 2/14/2024 1:43 PM Jacketed district's policies; or 1 (b) Remove the duty to report pursuant to KRS 620.030 if district personnel has 2 reasonable cause to believe the child is a dependent child or an abused or 3 neglected child due to the risk of physical or emotional injury identified in 4 KRS 600.020(1)(a)2. or as otherwise provided in that statute. 5 Section 11. KRS 620.055 is amended to read as follows: 6 (1) An external child fatality and near fatality review panel is hereby created and 7 established for the purpose of conducting comprehensive reviews of child fatalities 8 and near fatalities, reported to the Cabinet for Health and Family Services, 9 suspected to be a result of abuse or neglect. The panel shall be attached to the 10 Justice and Public Safety Cabinet for staff and administrative purposes. 11 (2) The external child fatality and near fatality review panel shall be composed of the 12 following five (5) ex officio nonvoting members and seventeen (17) voting 13 members: 14 (a) Two (2) members of the Kentucky General Assembly, one (1) appointed by 15 the President of the Senate and one (1) appointed by the Speaker of the House 16 of Representatives, who shall be ex officio nonvoting members; 17 (b) The commissioner of the Department for Community Based Services, who 18 shall be an ex officio nonvoting member; 19 (c) The commissioner of the Department for Public Health, who shall be an ex 20 officio nonvoting member; 21 (d) A family court judge selected by the Chief Justice of the Kentucky Supreme 22 Court, who shall be an ex officio nonvoting members; 23 (e) A pediatrician from the University of Kentucky's Department of Pediatrics 24 who is licensed and experienced in forensic medicine relating to child abuse 25 and neglect to be selected by the Attorney General from a list of three (3) 26 names provided by the dean of the University of Kentucky School of 27 UNOFFICIAL COPY 24 RS BR 434 Page 47 of 55 XXXX 2/14/2024 1:43 PM Jacketed Medicine; 1 (f) A pediatrician from the University of Louisville's Department of Pediatrics 2 who is licensed and experienced in forensic medicine relating to child abuse 3 and neglect to be selected by the Attorney General from a list of three (3) 4 names provided by the dean of the University of Louisville School of 5 Medicine; 6 (g) The state medical examiner or designee; 7 (h) A court-appointed special advocate (CASA) program director to be selected 8 by the Attorney General from a list of three (3) names provided by the 9 Kentucky CASA Association; 10 (i) A peace officer with experience investigating child abuse and neglect 11 fatalities and near fatalities to be selected by the Attorney General from a list 12 of three (3) names provided by the commissioner of the Kentucky State 13 Police; 14 (j) A representative from Prevent Child Abuse Kentucky, Inc. to be selected by 15 the Attorney General from a list of three (3) names provided by the president 16 of the Prevent Child Abuse Kentucky, Inc. board of directors; 17 (k) A practicing local prosecutor to be selected by the Attorney General; 18 (l) The executive director of the Kentucky Domestic Violence Association or the 19 executive director's designee; 20 (m) The chairperson of the State Child Fatality Review Team established in 21 accordance with KRS 211.684 or the chairperson's designee; 22 (n) A practicing social work clinician to be selected by the Attorney General from 23 a list of three (3) names provided by the Board of Social Work; 24 (o) A practicing addiction counselor to be selected by the Attorney General from 25 a list of three (3) names provided by the Kentucky Association of Addiction 26 Professionals; 27 UNOFFICIAL COPY 24 RS BR 434 Page 48 of 55 XXXX 2/14/2024 1:43 PM Jacketed (p) A representative from the family resource and youth service centers to be 1 selected by the Attorney General from a list of three (3) names submitted by 2 the Cabinet for Health and Family Services; 3 (q) A representative of a community mental health center to be selected by the 4 Attorney General from a list of three (3) names provided by the Kentucky 5 Association of Regional Mental Health and Mental Retardation Programs, 6 Inc.; 7 (r) A member of a citizen foster care review board selected by the Chief Justice 8 of the Kentucky Supreme Court; 9 (s) An at-large representative who shall serve as chairperson to be selected by the 10 Secretary of State; 11 (t) The president of the Kentucky Coroners Association; and 12 (u) A practicing medication-assisted treatment provider to be selected by the 13 Attorney General from a list of three (3) names provided by the Kentucky 14 Board of Medical Licensure. 15 (3) (a) By August 1, 2013, the appointing authority or the appointing authorities, as 16 the case may be, shall have appointed panel members. Initial terms of 17 members, other than those serving ex officio, shall be staggered to provide 18 continuity. Initial appointments shall be: five (5) members for terms of one (1) 19 year, five (5) members for terms of two (2) years, and five (5) members for 20 terms of three (3) years, these terms to expire, in each instance, on June 30 21 and thereafter until a successor is appointed and accepts appointment. 22 (b) Upon the expiration of these initial staggered terms, successors shall be 23 appointed by the respective appointing authorities, for terms of two (2) years, 24 and until successors are appointed and accept their appointments. Members 25 shall be eligible for reappointment. Vacancies in the membership of the panel 26 shall be filled in the same manner as the original appointments. 27 UNOFFICIAL COPY 24 RS BR 434 Page 49 of 55 XXXX 2/14/2024 1:43 PM Jacketed (c) At any time, a panel member shall recuse himself or herself from the review 1 of a case if the panel member believes he or she has a personal or private 2 conflict of interest. 3 (d) If a voting panel member is absent from two (2) or more consecutive, 4 regularly scheduled meetings, the member shall be considered to have 5 resigned and shall be replaced with a new member in the same manner as the 6 original appointment. 7 (e) If a voting panel member is proven to have violated subsection (13) of this 8 section, the member shall be removed from the panel, and the member shall 9 be replaced with a new member in the same manner as the original 10 appointment. 11 (4) The panel shall meet at least quarterly and may meet upon the call of the 12 chairperson of the panel. 13 (5) Members of the panel shall receive no compensation for their duties related to the 14 panel, but may be reimbursed for expenses incurred in accordance with state 15 guidelines and administrative regulations. 16 (6) Each panel member shall be provided copies of all information set out in this 17 subsection, including but not limited to records and information, upon request, to be 18 gathered, unredacted, and submitted to the panel within thirty (30) days by the 19 Cabinet for Health and Family Services from the Department for Community Based 20 Services or any agency, organization, or entity involved with a child subject to a 21 fatality or near fatality: 22 (a) Cabinet for Health and Family Services records and documentation regarding 23 the deceased or injured child and his or her caregivers, residents of the home, 24 and persons supervising the child at the time of the incident that include all 25 records and documentation set out in this paragraph: 26 1. All prior and ongoing investigations, services, or contacts; 27 UNOFFICIAL COPY 24 RS BR 434 Page 50 of 55 XXXX 2/14/2024 1:43 PM Jacketed 2. Any and all records of services to the family provided by agencies or 1 individuals contracted by the Cabinet for Health and Family Services; 2 and 3 3. All documentation of actions taken as a result of child fatality internal 4 reviews conducted pursuant to KRS 620.050(13)[(12)](b); 5 (b) Licensing reports from the Cabinet for Health and Family Services, Office of 6 Inspector General, if an incident occurred in a licensed facility; 7 (c) All available records regarding protective services provided out of state; 8 (d) All records of services provided by the Department for Juvenile Justice 9 regarding the deceased or injured child and his or her caregivers, residents of 10 the home, and persons involved with the child at the time of the incident; 11 (e) Autopsy reports; 12 (f) Emergency medical service, fire department, law enforcement, coroner, and 13 other first responder reports, including but not limited to photos and 14 interviews with family members and witnesses; 15 (g) Medical records regarding the deceased or injured child, including but not 16 limited to all records and documentation set out in this paragraph: 17 1. Primary care records, including progress notes; developmental 18 milestones; growth charts that include head circumference; all 19 laboratory and X-ray requests and results; and birth record that includes 20 record of delivery type, complications, and initial physical exam of 21 baby; 22 2. In-home provider care notes about observations of the family, bonding, 23 others in home, and concerns; 24 3. Hospitalization and emergency department records; 25 4. Dental records; 26 5. Specialist records; and 27 UNOFFICIAL COPY 24 RS BR 434 Page 51 of 55 XXXX 2/14/2024 1:43 PM Jacketed 6. All photographs of injuries of the child that are available; 1 (h) Educational records of the deceased or injured child, or other children residing 2 in the home where the incident occurred, including but not limited to the 3 records and documents set out in this paragraph: 4 1. Attendance records; 5 2. Special education services; 6 3. School-based health records; and 7 4. Documentation of any interaction and services provided to the children 8 and family. 9 The release of educational records shall be in compliance with the Family 10 Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g and its 11 implementing regulations; 12 (i) Head Start records or records from any other child care or early child care 13 provider; 14 (j) Records of any Family, Circuit, or District Court involvement with the 15 deceased or injured child and his or her caregivers, residents of the home and 16 persons involved with the child at the time of the incident that include but are 17 not limited to the juvenile and family court records and orders set out in this 18 paragraph, pursuant to KRS Chapters 199, 403, 405, 406, and 600 to 645: 19 1. Petitions; 20 2. Court reports by the Department for Community Based Services, 21 guardian ad litem, court-appointed special advocate, and the Citizen 22 Foster Care Review Board; 23 3. All orders of the court, including temporary, dispositional, or 24 adjudicatory; and 25 4. Documentation of annual or any other review by the court; 26 (k) Home visit records from the Department for Public Health or other services; 27 UNOFFICIAL COPY 24 RS BR 434 Page 52 of 55 XXXX 2/14/2024 1:43 PM Jacketed (l) All information on prior allegations of abuse or neglect and deaths of children 1 of adults residing in the household; 2 (m) All law enforcement records and documentation regarding the deceased or 3 injured child and his or her caregivers, residents of the home, and persons 4 involved with the child at the time of the incident; and 5 (n) Mental health records regarding the deceased or injured child and his or her 6 caregivers, residents of the home, and persons involved with the child at the 7 time of the incident. 8 (7) The panel may seek the advice of experts, such as persons specializing in the fields 9 of psychiatric and forensic medicine, nursing, psychology, social work, education, 10 law enforcement, family law, or other related fields, if the facts of a case warrant 11 additional expertise. 12 (8) The panel shall post updates after each meeting to the website of the Justice and 13 Public Safety Cabinet regarding case reviews, findings, and recommendations. 14 (9) The panel chairperson, or other requested persons, shall report a summary of the 15 panel's discussions and proposed or actual recommendations to the Interim Joint 16 Committee on Families and Children of the Kentucky General Assembly monthly 17 or at the request of a committee co-chair. The goal of the committee shall be to 18 ensure impartiality regarding the operations of the panel during its review process. 19 (10) (a) The panel shall publish an annual report by February 1 of each year consisting 20 of case reviews, findings, and recommendations for system and process 21 improvements to help prevent child fatalities and near fatalities that are due to 22 abuse and neglect. The report shall be submitted to the Governor, the 23 secretary of the Cabinet for Health and Family Services, the Chief Justice of 24 the Supreme Court, the Attorney General, the State Child Abuse and Neglect 25 Prevention Board established pursuant to KRS 15.905, and the director of the 26 Legislative Research Commission for distribution to the Interim Joint 27 UNOFFICIAL COPY 24 RS BR 434 Page 53 of 55 XXXX 2/14/2024 1:43 PM Jacketed Committee on Families and Children, and the Interim Joint Committee on 1 Judiciary. 2 (b) The panel shall determine which agency is responsible for implementing each 3 recommendation, and shall forward each recommendation in writing to the 4 appropriate agency. 5 (c) Any agency that receives a recommendation from the panel shall, within 6 ninety (90) days of receipt: 7 1. Respond to the panel with a written notice of intent to implement the 8 recommendation, an explanation of how the recommendation will be 9 implemented, and an approximate time frame of implementation; or 10 2. Respond to the panel with a written notice that the agency does not 11 intend to implement the recommendation, and a detailed explanation of 12 why the recommendation cannot be implemented. 13 (11) Information and record copies that are confidential under state or federal law and 14 are provided to the external child fatality and near fatality review panel by the 15 Cabinet for Health and Family Services, the Department for Community Based 16 Services, or any agency, organization, or entity for review shall not become the 17 information and records of the panel and shall not lose their confidentiality by 18 virtue of the panel's access to the information and records. The original information 19 and records used to generate information and record copies provided to the panel in 20 accordance with subsection (6) of this section shall be maintained by the 21 appropriate agency in accordance with state and federal law and shall be subject to 22 the Kentucky Open Records Act, KRS 61.870 to 61.884. All open records requests 23 shall be made to the appropriate agency, not to the external child fatality and near 24 fatality review panel or any of the panel members. Information and record copies 25 provided to the panel for review shall be exempt from the Kentucky Open Records 26 Act, KRS 61.870 to 61.884. At the conclusion of the panel's examination, all copies 27 UNOFFICIAL COPY 24 RS BR 434 Page 54 of 55 XXXX 2/14/2024 1:43 PM Jacketed of information and records provided to the panel involving an individual case shall 1 be destroyed by the Justice and Public Safety Cabinet. 2 (12) Notwithstanding any provision of law to the contrary, the portions of the external 3 child fatality and near fatality review panel meetings during which an individual 4 child fatality or near fatality case is reviewed or discussed by panel members may 5 be a closed session and subject to the provisions of KRS 61.815(1) and shall only 6 occur following the conclusion of an open session. At the conclusion of the closed 7 session, the panel shall immediately convene an open session and give a summary 8 of what occurred during the closed session. 9 (13) Each member of the external child fatality and near fatality review panel, any 10 person attending a closed panel session, and any person presenting information or 11 records on an individual child fatality or near fatality shall not release information 12 or records not available under the Kentucky Open Records Act, KRS 61.870 to 13 61.884 to the public. 14 (14) A member of the external child fatality and near fatality review panel shall not be 15 prohibited from making a good faith report to any state or federal agency of any 16 information or issue that the panel member believes should be reported or disclosed 17 in an effort to facilitate effectiveness and transparency in Kentucky's child 18 protective services. 19 (15) A member of the external child fatality and near fatality review panel shall not be 20 held liable for any civil damages or criminal penalties pursuant to KRS 620.990 as 21 a result of any action taken or omitted in the performance of the member's duties 22 pursuant to this section and KRS 620.050, except for violations of subsection (11), 23 (12), or (13) of this section. 24 (16) The proceedings, records, opinions, and deliberations of the external child fatality 25 and near fatality review panel shall be privileged and shall not be subject to 26 discovery, subpoena, or introduction into evidence in any civil or criminal actions 27 UNOFFICIAL COPY 24 RS BR 434 Page 55 of 55 XXXX 2/14/2024 1:43 PM Jacketed in any manner that would directly or indirectly identify specific persons or cases 1 reviewed by the panel. Nothing in this subsection shall be construed to restrict or 2 limit the right to discover or use in any civil action any evidence that is 3 discoverable independent of the proceedings of the panel. 4 (17) The Legislative Oversight and Investigations Committee of the Kentucky General 5 Assembly shall conduct an annual evaluation of the external child fatality and near 6 fatality review panel established pursuant to this section to monitor the operations, 7 procedures, and recommendations of the panel and shall report its findings to the 8 General Assembly. 9