AN ACT relating to child welfare.

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AN ACT relating to child welfare. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 199.462 is amended to read as follows: 3
(1) Before an applicant is approved to provide foster care or relative caregiver services 4
to a child, to be considered a fictive kin placement for a child, or [ approved] to 5
receive a child for adoption, the Cabinet for Health and Family Services shall: 6
(a) Require a criminal background investigation of the applicant and any of the 7
applicant's adult household members by means of a fingerprint check by the 8
Department of Kentucky State Police and the Federal Bureau of Investigation; 9
or 10
(b) Request from the Justice and Public Safety Cabinet records of all conviction 11
information for the applicant and any of the applicant's adult household 12
members. The Justice and Public Safety Cabinet shall furnish t he information 13
to the Cabinet for Health and Family Services and shall also send a copy of 14
the information to the applicant. 15
(2) The request for records shall be in a manner approved by the Justice and Public 16
Safety Cabinet, and the Justice and Public Safety Cabinet may charge a fee to be 17
paid by the applicant for the actual cost of processing the request. 18
(3) The Cabinet for Health and Family Services shall not disapprove of any placement 19
or custody arrangement, including but not limited to foster care, relative caregiver 20
services, fictive kin placement, temporary custody, permanent custody, or adoption 21
on the sole basis of a disabi lity of the prospective caregiver without considering 22
whether targeted adaptive or supportive services could enable the prospective 23
caregiver to provide essential care and protection for the child. 24
(4) During a certified adoptive or foster home's annual re evaluation, the Cabinet for 25
Health and Family Services may: 26
(a) Require a background investigation for each adult household member of the 27
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certified adoptive or foster home under subsections (1) and (2) of this section; 1
or 2
(b) Register each adult household member of a certified adoptive or foster home 3
under subsections (1) and (2) of this section in the rap back system. 4
(5) If a child is placed and resides in a fictive kin home for more than seventy -two (72) 5
hours, the Cabinet for Health and Family Services shall take action, including but 6
not limited to the following: 7
(a) Provide information on how to recognize and report child abuse or neglect; 8
and 9
(b) Ensure that, within the first five (5) days of a child under the age of five (5) 10
years old being placed in a fictive kin home, the fictive kin has completed a 11
one (1) time training course of one and one -half (1.5) hours of training 12
covering the prevention and recognition of pediatric abusive head trauma, as 13
defined in KRS 620.020. 14
(6) The Cabinet for Health an d Family Services shall not approve an individual to 15
provide foster care or relative caregiver services to a child, to be considered a 16
fictive kin placement for a child, or to receive a child for adoption if the 17
individual: 18
(a) Is a registrant as defined in KRS 17.500; 19
(b) Has an adult living in the individual's home who is a registrant as defined 20
in KRS 17.500; or 21
(c) Has a minor child living in the individual's home who is a registrant as 22
defined in KRS 17.500 or who has been declared a juvenile sex offen der 23
under KRS 635.510. 24
(7) The Cabinet for Health and Family Services shall promulgate an administrative 25
regulation in accordance with KRS Chapter 13A to implement this section. 26
Section 2. KRS 199.801 is amended to read as follows: 27
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(1) The department shall establish a procedure throughout the state that is designed to 1
determine and expedite the placement of children who are in the custody of or 2
committed to the department. The procedure shall utilize state -level and regio nal 3
placement coordinators who may be state employees or employees of a contracted 4
entity. 5
(2) The type of placement selected for a child in the custody of or committed to the 6
department shall be the best alternative for the child that is in closest proxim ity to 7
the child's home county, including considerations of the child's current early care 8
and education provider or school, in order to promote educational stability for the 9
child to the extent practicable in accordance with KRS 199.802 and the federal 10
Every Student Succeeds Act of 2015, Pub. L. No. 114-95. 11
(3) If the type of placement that best suits the child's needs is not available in the child's 12
home county, the regional placement coordinator shall document the circumstance 13
as an unmet need and may se ek a placement in surrounding counties, regions, and 14
the state, in that order. 15
(4) If the type of placement that best suits the child's needs is not available within the 16
state, the regional placement coordinator shall contact the commissioner of the 17
department or the commissioner's designee to explore out-of-state placement. 18
(5) The department shall develop a diligent recruitment plan and reporting to support 19
the recruitment and retention of family foster homes that are responsive to the needs 20
of children i n care, areas of unmet need, and strategies to meet the need. The plan 21
and reporting shall be used as a guide in the establishment and modification of 22
agreements with placements for the care of children in the custody of or committed 23
to the cabinet and shall be made available upon request. 24
(6) The department shall ensure that placement provisions exist to ensure that: 25
(a) Safe and adequate foster care placements designed to meet the individual 26
needs of all children, including in prevention, safety, ongoing, and adoptive 27
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services are occurring; and 1
(b) Placements are the least restrictive, most family -like setting consistent with 2
the child's specific individual needs. 3
Section 3. KRS 600.020 is amended to read as follows: 4
As used in KRS Chapters 600 to 645, unless the context otherwise requires: 5
(1) "Abused or neglected child" means a child whose health or welfare is harmed or 6
threatened with harm when: 7
(a) His or her parent, guardian, person in a position of authority or spe cial trust, 8
as defined in KRS 532.045, or other person exercising custodial control or 9
supervision of the child: 10
1. Inflicts or allows to be inflicted upon the child physical or emotional 11
injury as defined in this section by other than accidental means; 12
2. Creates or allows to be created a risk of physical or emotional injury as 13
defined in this section to the child by other than accidental means; 14
3. Engages in a pattern of conduct that renders the parent incapable of 15
caring for the immediate and ongoing n eeds of the child, including but 16
not limited to parental incapacity due to a substance use disorder as 17
defined in KRS 222.005; 18
4. Continuously or repeatedly fails or refuses to provide essential parental 19
care and protection for the child, considering the age of the child; 20
5. Commits or allows to be committed an act of sexual abuse, sexual 21
exploitation, or prostitution upon the child; 22
6. Creates or allows to be created a risk that an act of sexual abuse, sexual 23
exploitation, or prostitution will be committed upon the child; 24
7. Abandons or exploits the child; 25
8. Does not provide the child with adequate care, supervision, food, 26
clothing, shelter, and education or medical care necessary for the child's 27
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well-being when financially able to do so or offered financi al or other 1
means to do so. A parent or other person exercising custodial control or 2
supervision of the child legitimately practicing the person's religious 3
beliefs shall not be considered a negligent parent solely because of 4
failure to provide specified m edical treatment for a child for that reason 5
alone. This exception shall not preclude a court from ordering necessary 6
medical services for a child; 7
9. Fails to make sufficient progress toward identified goals as set forth in 8
the court-approved case plan to allow for the safe return of the child to 9
the parent that results in the child remaining committed to the cabinet 10
and remaining in foster care for fifteen (15) cumulative months out of 11
forty-eight (48) months; or 12
10. Commits or allows female genital mutilation as defined in KRS 508.125 13
to be committed; or 14
(b) A person twenty -one (21) years of age or older commits or allows to be 15
committed an act of sexual abuse, sexual exploitation, or prostitution upon a 16
child less than sixteen (16) years of age; 17
(2) "Age or developmentally appropriate" has the same meaning as in 42 U.S.C. sec. 18
675(11); 19
(3) "Aggravated circumstances" means the existence of one (1) or more of the 20
following conditions: 21
(a) The parent has not attempted or has not had contact with the child fo r a period 22
of not less than ninety (90) days; 23
(b) The parent is incarcerated and will be unavailable to care for the child for a 24
period of at least one (1) year from the date of the child's entry into foster care 25
and there is no appropriate relative placem ent available during this period of 26
time; 27
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(c) The parent has sexually abused the child and has refused available treatment; 1
(d) The parent has been found by the cabinet to have engaged in abuse of the 2
child that required removal from the parent's home two (2) or more times in 3
the past two (2) years; or 4
(e) The parent has caused the child serious physical injury; 5
(4) "Beyond the control of parents" means a child who has repeatedly failed to follow 6
the reasonable directives of his or her parents, legal guardi an, or person exercising 7
custodial control or supervision other than a state agency, which behavior results in 8
danger to the child or others, and which behavior does not constitute behavior that 9
would warrant the filing of a petition under KRS Chapter 645; 10
(5) "Beyond the control of school" means any child who has been found by the court to 11
have repeatedly violated the lawful regulations for the government of the school as 12
provided in KRS 158.150, and as documented in writing by the school as a part of 13
the school's petition or as an attachment to the school's petition. The petition or 14
attachment shall describe the student's behavior and all intervention strategies 15
attempted by the school; 16
(6) "Boarding home" means a privately owned and operated home for the boarding and 17
lodging of individuals which is approved by the Department of Juvenile Justice or 18
the cabinet for the placement of children committed to the department or the 19
cabinet; 20
(7) "Cabinet" means the Cabinet for Health and Family Services; 21
(8) "Certified juvenile facility staff" means individuals who meet the qualifications of, 22
and who have completed a course of education and training in juvenile detention 23
developed and approved by, the Department of Juvenile Justice after consultation 24
with other appropriate state agencies; 25
(9) "Child" means any person who has not reached his or her eighteenth birthday, 26
unless otherwise provided; 27
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(10) "Child-caring facility" means any facility or group home other than a state facility, 1
Department of Juvenile Justice con tract facility or group home, or one certified by 2
an appropriate agency as operated primarily for educational or medical purposes, 3
providing residential care on a twenty-four (24) hour basis to children not related by 4
blood, adoption, or marriage to the person maintaining the facility; 5
(11) "Child-placing agency" means any agency, other than a state agency, which 6
supervises the placement of children in foster family homes or child -caring 7
facilities or which places children for adoption; 8
(12) "Clinical treat ment facility" means a facility with more than eight (8) beds 9
designated by the Department of Juvenile Justice or the cabinet for the treatment of 10
mentally ill children. The treatment program of such facilities shall be supervised 11
by a qualified mental health professional; 12
(13) "Commitment" means an order of the court which places a child under the custodial 13
control or supervision of the Cabinet for Health and Family Services, Department 14
of Juvenile Justice, or another facility or agency until the child att ains the age of 15
eighteen (18) unless otherwise provided by law; 16
(14) "Community-based facility" means any nonsecure, homelike facility licensed, 17
operated, or permitted to operate by the Department of Juvenile Justice or the 18
cabinet, which is located within a reasonable proximity of the child's family and 19
home community, whi ch affords the child the opportunity, if a Kentucky resident, 20
to continue family and community contact; 21
(15) "Complaint" means a verified statement setting forth allegations in regard to the 22
child which contain sufficient facts for the formulation of a subsequent petition; 23
(16) "Court" means the juvenile session of District Court unless a statute specifies the 24
adult session of District Court or the Circuit Court; 25
(17) "Court-designated worker" means that organization or individual delegated by the 26
Administrative Office of the Courts for the purposes of placing children in 27
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alternative placements prior to arraignment, conducting preliminary investigations, 1
and formulating, entering into, and supervising diversion agreements and 2
performing such other functions as authorized by law or court order; 3
(18) "Deadly weapon" has the same meaning as it does in KRS 500.080; 4
(19) "Department" means the Department for Community Based Services; 5
(20) "Dependent child" means any child, other than an abused or neglected child, who is 6
under improper care, custody, control, or guardianship that is not due to an 7
intentional act of the parent, guardian, or person exercising custodial control or 8
supervision of the child; 9
(21) "Detention" means the safe and temporary custody of a juve nile who is accused of 10
conduct subject to the jurisdiction of the court who requires a restricted or closely 11
supervised environment for his or her own or the community's protection; 12
(22) "Detention hearing" means a hearing held by a judge or trial commissi oner within 13
twenty-four (24) hours, exclusive of weekends and holidays, of the start of any 14
period of detention prior to adjudication; 15
(23) "Diversion agreement" means a mechanism designed to hold a child accountable 16
for his or her behavior and, if appropr iate, securing services to serve the best 17
interests[interest] of the child and to provide redress for that behavior without court 18
action and without the creation of a formal court record; 19
(24) "Eligible youth" means a person who: 20
(a) Is or has been committed to the cabinet as dependent, neglected, or abused; 21
(b) Is eighteen (18) years of age to no older than twenty (20) years and six (6) 22
months[nineteen (19) years] of age; and 23
(c) Is requesting to extend or reinstate his or her commitment to the cabinet in 24
order to participate in state or federal educational programs or to establish 25
independent living arrangements; 26
(25) "Emergency shelter" is a group home, private residence, foster home, or similar 27
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homelike facility which provides temporary or emergency care of children and 1
adequate staff and services consistent with the needs of each child; 2
(26) "Emotional injury" means an injury to the mental or psychological capacity or 3
emotional stability of a child as evidenced by a substantial and observable 4
impairment in the child's ability to function within a normal range of performance 5
and behavior with due regard to his or her age, development, culture, and 6
environment as testified to by a qualified mental health professional; 7
(27) "Evidence-based practices" means p olicies, procedures, programs, and practices 8
proven by scientific research to reliably produce reductions in recidivism; 9
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage 10
to a child, but who has an emotionally signif icant relationship with the child, or an 11
emotionally significant relationship with a biological parent, siblings, or half -12
siblings of the child in the case of a child from birth to twelve (12) months of age, 13
prior to placement; 14
(29) "Firearm" shall have the same meaning as in KRS 237.060 and 527.010; 15
(30) "Foster family home" means a private home in which children are placed for foster 16
family care under supervision of the cabinet or a licensed child-placing agency; 17
(31) "Graduated sanction" means any of a c ontinuum of accountability measures, 18
programs, and sanctions, ranging from less restrictive to more restrictive in nature, 19
that may include but are not limited to: 20
(a) Electronic monitoring; 21
(b) Drug and alcohol screening, testing, or monitoring; 22
(c) Day or evening reporting centers; 23
(d) Reporting requirements; 24
(e) Community service; and 25
(f) Rehabilitative interventions such as family counseling, substance abuse 26
treatment, restorative justice programs, and behavioral or mental health 27
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treatment; 1
(32) "Habitual runaway" means any child who has been found by the court to have been 2
absent from his or her place of lawful residence without the permission of his or her 3
custodian for at least three (3) days during a one (1) year period; 4
(33) "Habitual truant" means any child who has been found by the court to have been 5
reported as a truant as defined in KRS 159.150(1) two (2) or more times during a 6
one (1) year period; 7
(34) "Hospital" means, except for purposes of KRS Chapter 645, a licensed p rivate or 8
public facility, health care facility, or part thereof, which is approved by the cabinet 9
to treat children; 10
(35) "Independent living" means those activities necessary to assist a committed child to 11
establish independent living arrangements; 12
(36) "Informal adjustment" means an agreement reached among the parties, with 13
consultation, but not the consent, of the victim of the crime or other persons 14
specified in KRS 610.070 if the victim chooses not to or is unable to participate, 15
after a petition has been filed, which is approved by the court, that the best 16
interests[interest] of the child would be served without formal adjudication and 17
disposition; 18
(37) "Intentionally" means, with respect to a result or to conduct described by a statute 19
which defines an offense, that the actor's conscious objective is to cause that result 20
or to engage in that conduct; 21
(38) "Least restrictive alternative" means, except for purposes of KRS Chapter 645, that 22
the program developed on the child's behalf is no more harsh, ha zardous, or 23
intrusive than necessary; or involves no restrictions on physical movements nor 24
requirements for residential care except as reasonably necessary for the protection 25
of the child from physical injury; or protection of the community, and is conduc ted 26
at the suitable available facility closest to the child's place of residence to allow for 27
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appropriate family engagement; 1
(39) "Motor vehicle offense" means any violation of the nonfelony provisions of KRS 2
Chapters 186, 189, or 189A, KRS 177.300, 304.39-110, or 304.39-117; 3
(40) "Near fatality" means an injury that, as certified by a physician, places a child in 4
serious or critical condition; 5
(41) "Needs of the child" means necessary food, clothing, health, shelter, and education; 6
(42) "Nonoffender" means a child alleged to be dependent, neglected, or abused and 7
who has not been otherwise charged with a status or public offense; 8
(43) "Nonsecure facility" means a facility which provides its residents access to the 9
surrounding community and which does not re ly primarily on the use of physically 10
restricting construction and hardware to restrict freedom; 11
(44) "Nonsecure setting" means a nonsecure facility or a residential home, including a 12
child's own home, where a child may be temporarily placed pending furthe r court 13
action. Children before the court in a county that is served by a state operated 14
secure detention facility, who are in the detention custody of the Department of 15
Juvenile Justice, and who are placed in a nonsecure alternative by the Department 16
of Juvenile Justice, shall be supervised by the Department of Juvenile Justice; 17
(45) "Out-of-home placement" means a placement other than in the home of a parent, 18
relative, or guardian, in a boarding home, clinical treatment facility, community -19
based facility, detention facility, emergency shelter, fictive kin home, foster family 20
home, hospital, nonsecure facility, physically secure facility, residential treatment 21
facility, or youth alternative center; 22
(46) "Parent" means the biological or adoptive mother or father of a child; 23
(47) "Person exercising custodial control or supervision" means a person or agency that 24
has assumed the role and responsibility of a parent or guardian for the child, but that 25
does not necessarily have legal custody of the child; 26
(48) "Petition" means a verified statement, setting forth allegations in regard to the child, 27
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which initiates formal court involvement in the child's case; 1
(49) "Physical injury" means substantial physical pain or any impairment of physical 2
condition; 3
(50) "Physically secure facility" means a facility that relies primarily on the use of 4
construction and hardware such as locks, bars, and fences to restrict freedom; 5
(51) "Public offense action" means an action, excluding contempt, brought in the interest 6
of a child wh o is accused of committing an offense under KRS Chapter 527 or a 7
public offense which, if committed by an adult, would be a crime, whether the same 8
is a felony, misdemeanor, or violation, other than an action alleging that a child 9
sixteen (16) years of age or older has committed a motor vehicle offense; 10
(52) "Qualified mental health professional" means: 11
(a) A physician licensed under the laws of Kentucky to practice medicine or 12
osteopathy, or a medical officer of the government of the United States while 13
engaged in the performance of official duties; 14
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 15
osteopathy, or a medical officer of the government of the United States while 16
engaged in the practice of official duties, and who is certified or eligible to 17
apply for certification by the American Board of Psychiatry and Neurology, 18
Inc.; 19
(c) A psychologist with the health service provider designation, a psychological 20
practitioner, a certified psychologist, or a psychological associate licensed 21
under the provisions of KRS Chapter 319; 22
(d) A licensed registered nurse with a master's degree in psychiatric nursing from 23
an accredited institution and two (2) years of clinical experience with 24
mentally ill persons, or a licensed registered nur se with a bachelor's degree in 25
nursing from an accredited institution who is certified as a psychiatric and 26
mental health nurse by the American Nurses Association and who has three 27
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(3) years of inpatient or outpatient clinical experience in psychiatric nur sing 1
and who is currently employed by a hospital or forensic psychiatric facility 2
licensed by the Commonwealth or a psychiatric unit of a general hospital, a 3
private agency or company engaged in providing mental health services, or a 4
regional comprehensive care center; 5
(e) A licensed clinical social worker licensed under the provisions of KRS 6
335.100, or a certified social worker licensed under the provisions of KRS 7
335.080 with three (3) years of inpatient or outpatient clinical experience in 8
psychiatric s ocial work and currently employed by a hospital or forensic 9
psychiatric facility licensed by the Commonwealth, a psychiatric unit of a 10
general hospital, a private agency or company engaged in providing mental 11
health services, or a regional comprehensive care center; 12
(f) A marriage and family therapist licensed under the provisions of KRS 13
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 14
experience in psychiatric mental health practice and currently employed by a 15
hospital or forensi c psychiatric facility licensed by the Commonwealth, a 16
psychiatric unit of a general hospital, a private agency or company engaged in 17
providing mental health services, or a regional comprehensive care center; 18
(g) A professional counselor credentialed under the provisions of KRS 335.500 to 19
335.599 with three (3) years of inpatient or outpatient clinical experience in 20
psychiatric mental health practice and currently employed by a hospital or 21
forensic facility licensed by the Commonwealth, a psychiatric unit o f a 22
general hospital, a private agency or company engaged in providing mental 23
health services, or a regional comprehensive care center; or 24
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 25
(1) of the following requirements: 26
1. Provides documentation that he or she has completed a psychiatric 27
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residency program for physician assistants; 1
2. Has completed at least one thousand (1,000) hours of clinical experience 2
under a supervising physician, as defined by KRS 311.840, who is a 3
psychiatrist and is certified or eligible for certification by the American 4
Board of Psychiatry and Neurology, Inc.; 5
3. Holds a master's degree from a physician assistant program accredited 6
by the Accreditation Review Commission on Education for the 7
Physician Assistant or its predecessor or successor agencies, is 8
practicing under a supervising physician as defined by KRS 311.840, 9
and: 10
a. Has two (2) years of clinical experience in the assessment, 11
evaluation, and treatment of mental disorders; or 12
b. Has been employed by a hospital or forensic psychiatric facility 13
licensed by the Commonwealth or a psychiatric unit of a general 14
hospital or a private agency or company engaged in the provision 15
of mental health services or a regional community program for 16
mental health and individuals with an intellectual disability for at 17
least two (2) years; or 18
4. Holds a bachelor's degree, possesses a current physician assistant 19
certificate issued by the board prior to July 15, 2002, is practicing under 20
a supervising physician as defined by KRS 311.840, and: 21
a. Has three (3) years of clinical experience in the assessment, 22
evaluation, and treatment of mental disorders; or 23
b. Has been employed by a hospital or forensic psychiatric facility 24
licensed by the Commonwealth or a psychiat ric unit of a general 25
hospital or a private agency or company engaged in the provision 26
of mental health services or a regional community program for 27
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mental health and individuals with an intellectual disability for at 1
least three (3) years; 2
(53) "Reasonable and prudent parent standard" has the same meaning as in 42 U.S.C. 3
sec. 675(10); 4
(54) "Residential treatment facility" means a facility or group home with more than eight 5
(8) beds designated by the Department of Juvenile Justice or the cabinet for the 6
treatment of children; 7
(55) "Retain in custody" means, after a child has been taken into custody, the continued 8
holding of the child by a peace officer for a period of time not to exceed twelve (12) 9
hours when authorized by the court or the court -designated worker for the purpose 10
of making preliminary inquiries; 11
(56) "Risk and needs assessment" means an actuarial tool scientifically proven to 12
identify specific factors and needs that are related to delinquent and noncriminal 13
misconduct; 14
(57) "Safety plan" means a written agreement developed by the cabinet and agreed to by 15
a family that clearly describes the protective services that the cabinet will provide 16
the family in order to manage risks to a child's safety; 17
(58) "School personnel" means those certified pers ons under the supervision of the local 18
public or private education agency; 19
(59) "Secretary" means the secretary of the Cabinet for Health and Family Services; 20
(60) "Secure juvenile detention facility" means any physically secure facility used for 21
the secure detention of children other than any facility in which adult prisoners are 22
confined; 23
(61) "Serious physical injury" means physical injury which creates a substantial risk of 24
death or which causes serious and prolonged disfigurement, prolonged impairment 25
of health, or prolonged loss or impairment of the function of any bodily member or 26
organ; 27
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(62) "Sexual abuse" includes but is not necessarily limited to any contacts or interactions 1
in which the parent, guardian, person in a position of authority or specia l trust, as 2
defined in KRS 532.045, or other person having custodial control or supervision of 3
the child or responsibility for his or her welfare, uses or allows, permits, or 4
encourages the use of the child for the purposes of the sexual stimulation of the 5
perpetrator or another person; 6
(63) "Sexual exploitation" includes but is not limited to a situation in which a parent, 7
guardian, person in a position of authority or special trust, as defined in KRS 8
532.045, or other person having custodial control or su pervision of a child or 9
responsible for his or her welfare, allows, permits, or encourages the child to 10
engage in an act which constitutes prostitution under Kentucky law; or a parent, 11
guardian, person in a position of authority or special trust, as define d in KRS 12
532.045, or other person having custodial control or supervision of a child or 13
responsible for his or her welfare, allows, permits, or encourages the child to 14
engage in an act of obscene or pornographic photographing, filming, or depicting of 15
a child as provided for under Kentucky law; 16
(64) "Social service worker" means any employee of the cabinet or any private agency 17
designated as such by the secretary of the cabinet or a social worker employed by a 18
county or city who has been approved by the cab inet to provide, under its 19
supervision, services to families and children; 20
(65) "Staff secure facility for residential treatment" means any setting which assures that 21
all entrances and exits are under the exclusive control of the facility staff, and in 22
which a child may reside for the purpose of receiving treatment; 23
(66) "Statewide reporting system" means a system for making and compiling reports of 24
child dependency, neglect, and abuse in Kentucky made via telephone call or in 25
writing by a member of the public; 26
(67) (a) "Status offense action" is any action brought in the interest of a child who is 27
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accused of committing acts, which if committed by an adult, would not be a 1
crime. Such behavior shall not be considered criminal or delinquent and such 2
children shall be termed status offenders. Status offenses shall include: 3
1. Beyond the control of school or beyond the control of parents; 4
2. Habitual runaway; 5
3. Habitual truant; and 6
4. Alcohol offenses as provided in KRS 244.085. 7
(b) Status offenses shall not include violations of state or local ordinances which 8
may apply to children such as a violation of curfew; 9
(68) "Take into custody" means the procedure by which a peace officer or o ther 10
authorized person initially assumes custody of a child. A child may be taken into 11
custody for a period of time not to exceed two (2) hours; 12
(69) "Transitional living support" means all benefits to which an eligible youth is 13
entitled upon being granted extended or reinstated commitment to the cabinet by the 14
court; 15
(70) "Transition plan" means a plan that is personalized at the direction of the youth that: 16
(a) Includes specific options on housing, health insurance, education, local 17
opportunities for ment ors and continuing support services, and workforce 18
supports and employment services; and 19
(b) Is as detailed as the youth may elect; 20
(71) "Valid court order" means a court order issued by a judge to a child alleged or 21
found to be a status offender: 22
(a) Who was brought before the court and made subject to the order; 23
(b) Whose future conduct was regulated by the order; 24
(c) Who was given written and verbal warning of the consequences of the 25
violation of the order at the time the order was issued and whose attor ney or 26
parent or legal guardian was also provided with a written notice of the 27
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consequences of violation of the order, which notification is reflected in the 1
record of the court proceedings; and 2
(d) Who received, before the issuance of the order, the full due process rights 3
guaranteed by the Constitution of the United States; 4
(72) "Violation" means any offense, other than a traffic infraction, for which a sentence 5
of a fine only can be imposed; 6
(73) "Youth alternative center" means a nonsecure facility, app roved by the Department 7
of Juvenile Justice, for the detention of juveniles, both prior to adjudication and 8
after adjudication, which meets the criteria specified in KRS 15A.320; and 9
(74) "Youthful offender" means any person regardless of age, transferred to Circuit 10
Court under the provisions of KRS Chapter 635 or 640 and who is subsequently 11
convicted in Circuit Court. 12
Section 4. KRS 610.030 is amended to read as follows: 13
Except as otherwise provided in KRS Chapters 600 to 645: 14
(1) If any person files a complaint alleging that a child, except a child alleged to be 15
neglected, abused, dependent, or mentally ill who is subject to the jurisdiction of the 16
court, may be within the purview of KRS Chapters 600 to 645, the court -designated 17
worker shall make a preliminary determination as to whether the complaint is 18
complete. In any case where the court-designated worker finds that the complaint is 19
incomplete, the court-designated worker shall return the complaint without delay to 20
the person or agency originating the complaint or having knowledge of the facts, or 21
to the appropriate law enforcement agency having investigative jurisdiction of the 22
offense, and request additional information in order to complete the complaint. The 23
complainant shall promptly furnish the additional information requested; 24
(2) (a) Upon receipt of a complaint which appears to be complete and which alleges 25
that a child has committed a public offense, the court -designated worker shall 26
refer the complaint to the c ounty attorney for review pursuant to KRS 27
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635.010. 1
(b) If after review the county attorney elects to proceed, the court -designated 2
worker shall conduct a preliminary intake inquiry to recommend whether the 3
interests of the child or the public require that further action be taken or 4
whether, in the interest of justice, the complaint can be resolved informally 5
without the filing of a petition; 6
(3) Upon receipt of a complaint that appears to be complete and that alleges that the 7
child has committed a status of fense, the court -designated worker shall conduct a 8
preliminary intake inquiry to determine whether the interests of the child or the 9
public require that further action be taken; 10
(4) Prior to conducting a preliminary intake inquiry, the court -designated worker shall 11
notify the child and the child's parent, guardian, or other person exercising custodial 12
control or supervision of the child in writing: 13
(a) Of their opportunity to be present at the preliminary intake inquiry; 14
(b) That they may have counsel prese nt during the preliminary intake inquiry as 15
well as the formal conference thereafter; 16
(c) 1. That all information supplied by the child to a court -designated worker 17
during any process prior to the filing of the petition shall be deemed 18
confidential and shall not be subject to subpoena or to disclosure 19
without the written consent of the child. 20
2. Information may be shared between treatment providers, the court -21
designated worker, and the family accountability, intervention, and 22
response team to enable the court -designated worker to facilitate 23
services and facilitate compliance with the diversion agreement; and 24
(d) That the child has the right to deny the allegation and demand a formal court 25
hearing; 26
(5) The preliminary intake inquiry shall include the administration of an evidence -27
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based screening tool and, if appropriate and available, a validated ris k and needs 1
assessment, in order to identify whether the child and his or her family are in need 2
of services and the level of intervention needed; 3
(6) (a) Upon the completion of the preliminary intake inquiry for a minor who is 4
alleged to be a status offen der under KRS 630.020(3) and is alleged to have 5
been absent without excuse for fifteen (15) or more days during a school year, 6
the court-designated worker shall refer the complaint to the county attorney. 7
The county attorney shall then refer the complaint: 8
1. For formal court action; or 9
2. To be handled under subsection (8) of this section. 10
(b) Upon the completion of the preliminary intake inquiry for all other 11
allegations, the court-designated worker may: 12
1. If the complaint alleges a status offense, determine that no further action 13
be taken subject to review by the family accountability, intervention, 14
and response team; 15
2. If the complaint alleges a public offense, refer the complaint to the 16
county attorney; 17
3. Refer a public offense complaint for informal adjustment; or 18
4. Based upon the results of the preliminary intake inquiry, other 19
information obtained, and a determination that the interests of the child 20
and the public would be better served, and with the written approval of 21
the county attorney for a public offense complaint, if necessary, conduct 22
a formal conference and enter into a diversion agreement; 23
(7) Upon receiving written approval of the county attorney, if necessary, to divert a 24
public offense complaint, and prior to conducting a formal confer ence, the court -25
designated worker shall advise in writing the complainant, the victim if any, and the 26
law enforcement agency having investigative jurisdiction of the offense: 27
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(a) Of the recommendation and the reasons therefor and that the complainant, 1
victim, or law enforcement agency may submit within ten (10) days from 2
receipt of such notice a complaint to the county attorney for special review; or 3
(b) In the case of a misdemeanor diverted pursuant to KRS 635.010(4), of the fact 4
that the child was statutorily entitled to divert the case; 5
(8) A formal conference shall include the child and his or her parent, guardian, or other 6
person exercising custodial control or supervision. The formal conference shall be 7
used to: 8
(a) Present information obtained at the preliminary intake inquiry; and 9
(b) 1. Develop a diversion agreement that shall: 10
a. i. Require that the child regularly attend school; and 11
ii. For a child against whom a complaint alleging truancy has 12
been filed, require that if the child is absent from sc hool 13
without excuse for four (4) days during a diversion 14
agreement, the child shall immediately be considered to have 15
failed to complete the diversion agreement and subsection 16
(9)(b)3. of this section shall immediately apply; and 17
b. Not exceed twelve (12) months in duration, and may include: 18
i. Referral of the child, and family if appropriate, to a public or 19
private entity or person for the provision of identified 20
services to address the complaint or assessed needs; 21
ii. Referral of the child, and family if appropriate, to a 22
community service program within the limitations provided 23
under KRS 635.080(2); 24
iii. Restitution, limited to the actual pecuniary loss suffered by 25
the victim, if the child has the means or ability to make 26
restitution; 27
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iv. Notification that the court -designated worker may apply 1
graduated sanctions for failure to comply with the diversion 2
agreement; 3
v. Any other program or effort which reasonably benefits the 4
community and the child; and 5
vi. A plan for monitoring the child's progress and completion of 6
the agreement. 7
2. Prior to developing the diversion agreement, the court -designated 8
worker or court -designated specialist shall contact the school district 9
that the child attends to obtain background information from school 10
personnel regarding family background, education records, any services 11
previously provided, and any recommended trauma informed strategies. 12
3. a. Upon developing a diversion agreement, the court -designated 13
worker shall provide summary information regarding the child 14
to be given to the individuals specified in this subparagraph. The 15
summary information shall include the: 16
i. Child's name; 17
ii. Underlying charge for which diversion was granted; 18
iii. Date the child was placed on diversion; and 19
iv. Anticipated end date of the diversion period. 20
b. The summary information shall be accessible to the county 21
attorney, who shall be provided the summary information and 22
who may share that information with any law enforcement 23
officer who specifically requests that information a nd who has a 24
legitimate reason, related to his or her employment, to receive 25
the information; and 26
c. The summary information shall be accessible to the 27
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superintendent of the public school district in which the child is 1
enrolled, or the principal of any pri vate elementary or secondary 2
school that the child attends, subject to the following: 3
i. A superintendent receiving the information pursuant to this 4
subparagraph may share the information with the director 5
of pupil personnel and any school resource officer or any 6
other contract employee hired to provide security services 7
for the school that the child attends; and 8
ii. A principal of a private school receiving the information 9
pursuant to this subparagraph may share the information 10
with any person who provides security services for the 11
school that the child attends [specialist shall make all details 12
of the agreement accessible to all members of the family, 13
accountability, intervention, and response team through an 14
electronic platform provided by the Administrati ve Office of 15
the Courts]; 16
(9) (a) If a child successfully completes a diversion agreement, the underlying 17
complaint shall be dismissed and further action related to that complaint shall 18
be prohibited. 19
(b) If a child fails to appear for a preliminary intake inquiry, declines to enter into 20
a diversion agreement, or fails to complete a diversion agreement, then: 21
1. For a public offense complaint, the matter shall be referred to the county 22
attorney for formal court action and, if a petition is filed, the child may 23
request that the court dismiss the complaint based upon his or her 24
substantial compliance with the terms of diversion; 25
2. For a status offense complaint, except as provided for in subparagraph 3. 26
of this paragraph, the court -designated worker shall ref er the matter to 27
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the family accountability, intervention, and response team for review 1
and further action; and 2
3. For a status offense complaint alleging truancy for which the child failed 3
diversion in accordance with subsection (8)(b)1.a.ii. of this secti on, the 4
matter shall immediately be referred to the county attorney for formal 5
court action. 6
(c) If the child enters into a diversion agreement or is referred to the family 7
accountability, intervention, and response team for truancy and there is no 8
action implemented by the family accountability, intervention, and response 9
team within thirty (30) days, the family accountability, intervention, and 10
response team shall report to the court the reasons for inaction and shall 11
provide a plan for action on the chil d's case. The court shall review on the 12
record any diversion agreement and any report, without the attendance or 13
appearance of the child, at regular intervals at the court's discretion to verify 14
family accountability, intervention, and response team member attendance, 15
team accountability, and performance. 16
(d) If a child fails to appear for a preliminary intake inquiry or fails to complete a 17
diversion agreement due to lack of parental cooperation, the court -designated 18
worker shall make a determination that t he child failed to complete the 19
diversion due to lack of parent cooperation; 20
(10) If a complaint is referred to the court, the complaint and findings of the court -21
designated worker's preliminary intake inquiry shall be submitted to the court for 22
the court to determine whether process should issue; 23
(11) If the court receives a report with a determination that the diversion is failed due to 24
lack of parental cooperation, the court may order parental cooperation and refer the 25
case back to the court -designated worker. The child shall not be detained upon this 26
finding; and 27
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(12) At any stage in the proceedings described in this section, the court or the county 1
attorney may review any decision of the court -designated worker. The court upon 2
its own motion or upon wri tten request of the county attorney may refer any 3
complaint for a formal hearing. 4
Section 5. KRS 610.345 is amended to read as follows: 5
(1) When a child is adjudicated guilty of an offense which classifies him or her as a 6
youthful offender, the judge in the court in which the matter was tried shall direct 7
the clerk to notify the superintendent and the director of pupil personnel of the 8
public school district in which the child is enrolled , or the principal of any private 9
elementary or secondary school which the child attends of the adjudication and the 10
petition and disposition of the case. 11
(2) When a child is adjudicated guilty of an offense wh ich would classify him or her as 12
a violent offender under KRS 439.3401, or be a felony under KRS Chapter 218A, 13
508, 510, or 527 if committed by an adult, but which would not classify him or her 14
as a youthful offender, the judge in the court in which the ma tter was tried shall 15
direct the clerk to notify the superintendent and the director of pupil personnel of 16
the public school district in which the child is enrolled , or the principal of any 17
private elementary or secondary school which the child attends of t he charge, the 18
adjudication, and the disposition of the case. 19
(3) When a child is the respondent or petitioner for a domestic violence order issued 20
under KRS 403.740 or an interpersonal protective order issued under KRS 21
456.060, the judge in the court in which the matter was tried shall direct the clerk 22
to notify: 23
(a) The superintendent and director of pupil personnel of the public school 24
district in which the child is enrolled, or the principal of any private 25
elementary or secondary school that the child attends; and 26
(b) The school resource officer or any other contract employee hired to provide 27
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security services for the school. 1
(4) When a court -designated worker receives notice that a county attorney has made a 2
determination pursuant to KRS 635.010(1) that probable cause exists to file a public 3
offense petition alleging that the child committed an offense that, if committed by 4
an adult, would be a: 5
(a) Felony; or 6
(b) Misdemeanor involving: 7
1. A controlled substance; 8
2. The possession, carrying, or use of a deadly weapon; 9
3. Physical injury to another person; 10
4. Sexual contact; 11
5. Sexual intercourse; or 12
6. Deviate sexual intercourse; 13
the court -designated worker shall notify the superintendent and the director of 14
pupil personnel of the public school district in which the child is enrolled , or the 15
principal of any private elementary or secondary school that[which] the child 16
attends of the charge. If the complaint is successfully diverted, the court -designated 17
worker shall notify t he superintendent and the director of pupil personnel or the 18
principal of the successful diversion, and all records of the incident or notification 19
created in the school district or the school under this subsection shall be destroyed 20
and shall not be included in the child's school records. 21
(5)[(4)] When a child is adjudicated guilty of an offense that meets the criteria set 22
forth in subsection (4)[(3)](a) or (b) of this section, the judge in the court in which 23
the matter is considered shall direct the clerk to notify the superintendent and the 24
director of pupil personnel of the public school district in which the child is 25
enrolled, or the principal of any private elementary or secondary school that the 26
child attends of the charge, the adjudication, and the d isposition of the case. If the 27
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petition is dismissed or informally adjusted, the clerk shall notify the superintendent 1
and the director of pupil personnel or the principal of the disposition, and all 2
records of the incident or notification created in the s chool district or the school 3
under this subsection shall be destroyed and shall not be included in the child's 4
school records. 5
(6)[(5)] The notifications required in subsections (1) to (5)[(4)] of this section shall be 6
made within twenty-four (24) hours of the county attorney's determination pursuant 7
to KRS 635.010(1), successful completion of diversion, or entry of the court order. 8
The name of the complainant shall be deleted. The county attorney may, upon 9
request by the school district or the school, prov ide a statement of the facts in the 10
case, not to include the complainant's name. 11
(7)[(6)] Notice to a district superintendent referenced in subsections (1) to (5)[(4)] of 12
this section shall be released by the superintendent to the principal of the school i n 13
which the child is enrolled. A principal of a public or private school receiving 14
notice shall release the information to any school resource officer or employees of 15
the school having responsibility for classroom instruction or counseling of the child, 16
and may release it to other school personnel as described in subsection (8)[(7)] of 17
this section, but the information shall otherwise be confidential and shall not be 18
shared by school personnel with any other person or agency except as may 19
otherwise be requi red by law [. The notification in writing of the nature of the 20
offense committed by the child and any probation requirements shall not become a 21
part of the child's student record]. 22
(8)[(7)] Records or information disclosed pursuant to this section shall be limited to 23
records of that student's criminal petition and the disposition thereof covered by this 24
section, shall be subject to the provisions of KRS 610.320 and 610.340, and shall 25
not be disclosed to any other person, including school personnel, except to a district 26
superintendent, director of pupil personnel, public or private elementary and 27
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secondary school administrative, transportation, and counseling personnel, and to 1
any school resource officer, teacher, or school employee with whom the student 2
may come in contact. This section shall not authorize the disclosure of any other 3
juvenile record or information relating to the child. 4
(9)[(8)] The Department of Juvenile Justice shall provide a child's offense history 5
information pursuant to this section to t he superintendent and the director of pupil 6
personnel of the local school district in which the child, who is committed to the 7
department, is placed. 8
(10)[(9)] Records or information received by the school pursuant to this section shall: 9
(a) Be kept in a l ocked file, when not in use, to be opened only on permission of 10
the administrator or any school resource officer; and 11
(b) For the purposes of destruction required in this section, not include education 12
records, as defined in KRS 160.700, created by the school. 13
(11)[(10)] A superintendent of a public school district may designate an employee of the 14
school district to receive notices and carry out the superintendent's responsibilities 15
under this section. The superintendent shall provide the clerk and the cour t-16
designated worker with notice of any designation and the name and contact 17
information for the superintendent's designee. 18
Section 6. KRS 620.050 is amended to read as follows: 19
(1) Anyone acting upon reasonable cause in the making of a report or acting under 20
KRS 620.030 to 620.050 in good faith shall have immunity from any liability, civil 21
or criminal, that might otherwise be incurred or imposed. Any such participant shall 22
have the s ame immunity with respect to participation in any judicial proceeding 23
resulting from such report or action. However, any person who knowingly makes a 24
false report and does so with malice shall be guilty of a Class A misdemeanor. 25
(2) Any employee or designated agent of a children's advocacy center shall be immune 26
from any civil liability arising from performance within the scope of the person's 27
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duties as provided in KRS 620.030 to 620.050. Any such person shall have the 1
same immunity w ith respect to participation in any judicial proceeding. Nothing in 2
this subsection shall limit liability for negligence. Upon the request of an employee 3
or designated agent of a children's advocacy center, the Attorney General shall 4
provide for the defens e of any civil action brought against the employee or 5
designated agent as provided under KRS 12.211 to 12.215. 6
(3) Neither the husband -wife nor any professional -client/patient privilege, except the 7
attorney-client and clergy-penitent privilege, shall be a ground for refusing to report 8
under this section or for excluding evidence regarding a dependent, neglected, or 9
abused child or the cause thereof, in any judicial proceedings resulting from a report 10
pursuant to this section. This subsection shall also appl y in any criminal proceeding 11
in District or Circuit Court regarding a dependent, neglected, or abused child. 12
(4) Upon receipt of a report of an abused, neglected, or dependent child pursuant to this 13
chapter, the cabinet as the designated agency or its dele gated representative shall 14
initiate a prompt investigation or assessment of family needs, take necessary action, 15
and shall offer protective services toward safeguarding the welfare of the child. The 16
cabinet shall work toward preventing further dependency, neglect, or abuse of the 17
child or any other child under the same care, and preserve and strengthen family 18
life, where possible, by enhancing parental capacity for adequate child care. If an 19
oral or written report, including but not limited to electronic su bmissions, alleging 20
that a child is dependent, neglected, or abused is made pursuant to this section, and 21
the cabinet determines that the report does not meet criteria for an investigation, the 22
cabinet shall refer the family to appropriate community -based child and family 23
service agencies for services to preserve and strengthen family life in accordance 24
with the requirements in 42 U.S.C. sec. 5106a. 25
(5) The report of suspected child abuse, neglect, or dependency and all information 26
obtained by the cabinet or its delegated representative, as a result of an investigation 27
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or assessment made pursuant to this chapter, except for those records provided for 1
in subsection (6) of this section, shall only[not] be divulged to[ anyone except]: 2
(a) Persons suspected of causing dependency, neglect, or abuse; 3
(b) The custodial parent or legal guardian of the child alleged to be dependent, 4
neglected, or abused; 5
(c) Persons within the cabinet with a legitimate interest or responsibility related 6
to the case; 7
(d) A licensed chi ld-caring facility or child -placing agency evaluating placement 8
for or serving a child who is believed to be the victim of an abuse, neglect, or 9
dependency report; 10
(e) Other medical, psychological, educational, or social service agencies, child 11
care admini strators, corrections personnel, or law enforcement agencies, 12
including the county attorney's office, the coroner, and the local child fatality 13
response team, that have a legitimate interest in the case; 14
(f) A noncustodial parent when the dependency, negle ct, or abuse is 15
substantiated; 16
(g) Members of multidisciplinary teams as defined by KRS 620.020 and which 17
operate pursuant to KRS 431.600; 18
(h) Employees or designated agents of a children's advocacy center; 19
(i) Those persons so authorized by court order; 20
(j) The external child fatality and near fatality review panel established by KRS 21
620.055; 22
(k) A person, agency, or organization engaged in a bona fide research, quality 23
improvement, or evaluation project having value as determined by the 24
cabinet. This para graph shall not limit the authority of the cabinet to 25
decline to share data in cases where it deems a research, quality 26
improvement, or evaluation project lacks sufficient merit or value, or where 27
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it deems the perceived risks to be unacceptably high. Data sharing shall be 1
driven by the aims of advancing human knowledge, complying with federal 2
requirements, and facilitating future planning for programs that support 3
families, serve maltreated children, or inform the development of policy. 4
Data may be shared u nder this paragraph only when the following 5
conditions are met: 6
1. The person, agency, or organization enters into a data -use agreement 7
with the cabinet and complies with the data security and privacy 8
conditions outlined by the Office of Data Analytics within the cabinet; 9
2. Any confidential information provided for a research, quality 10
improvement, or evaluation project under this paragraph shall not be 11
redisclosed. The cabinet shall not share personally identifiable 12
information under this paragraph, except in cases where the 13
information is essential to the completion of the project. As used in 14
this subparagraph, "personally identifiable information" means the 15
current definition promulgated by the United States National Institute 16
of Standards and Technology at the time of data sharing; and 17
3. If a research, quality improvement, or evaluation project results in the 18
publication or public dissemination of related material, confidential 19
information provided for a research, quality improvement, or 20
evaluation proje ct under this subparagraph shall not be disclosed in 21
the results; or 22
(l)[(k)] The Commonwealth Office of the Ombudsman established pursuant to 23
KRS 43.035. 24
(6) (a) Files, reports, notes, photographs, records, electronic and other 25
communications, and working papers used or developed by a children's 26
advocacy center in providing services under this chapter are confidential and 27
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shall not be disclosed except to the following persons: 1
1. Staff employed by the cabinet, law enforcement officers, and 2
Commonwealth's and county attorneys who are directly involved in the 3
investigation or prosecution of the case, including a cabinet 4
investigation or assessment of child abuse, neglect, and dependency in 5
accordance with this chapter; 6
2. Medical and mental health professiona ls listed by name in a release of 7
information signed by the guardian of the child, provided that the 8
information shared is limited to that necessary to promote the physical 9
or psychological health of the child or to treat the child for abuse -related 10
symptoms; 11
3. The court and those persons so authorized by a court order; 12
4. The external child fatality and near fatality review panel established by 13
KRS 620.055; 14
5. The Commonwealth Office of the Ombudsman established pursuant to 15
KRS 43.035; and 16
6. The parties to an administrative hearing conducted by the cabinet or its 17
designee in accordance with KRS Chapter 13B in an appeal of a cabinet-18
substantiated finding of abuse or neglect. The children's advocacy center 19
may, in its sole discretion, provide testimony in l ieu of files, reports, 20
notes, photographs, records, electronic and other communications, and 21
working papers used or developed by the center if the center determines 22
that the release poses a threat to the safety or well -being of the child, or 23
would be in th e best interests of the child. Following the administrative 24
hearing and any judicial review, the parties to the administrative hearing 25
shall return all files, reports, notes, photographs, records, electronic and 26
other communications, and working papers use d or developed by the 27
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children's advocacy center to the center[; and 1
7. A person, agency, or organization engaged in a bona fide research, 2
quality improvement, or evaluation project having value as determined 3
by the cabinet. Nothing in this subparagraph shall limit the authority of 4
the cabinet to decline to share data in cases where it deems a research, 5
quality improvement, or evaluation project lacks sufficient merit or 6
value, or the perceived risks are unacceptably high. Data sharing shall 7
be driven by the aims of advancing human knowledge, complying with 8
federal requirements, and facilitating future planning for programs that 9
support families, serve maltreated children, or inform the development 10
of policy. Data may be shared under this subparagraph provided that the 11
following conditions are met: 12
a. The person, agency, or orga nization enters into a data -use 13
agreement with the cabinet and complies with the data security 14
and privacy conditions outlined by the Office of Data Analytics 15
within the cabinet; 16
b. Any confidential information provided for a research, quality 17
improvement, or evaluation project under this subparagraph shall 18
not be redisclosed. The cabinet shall not share personally 19
identifiable information under this subparagraph, except in cases 20
where such information is essential to the completion of the 21
project. For the purposes of this subdivision, "personally 22
identifiable information" means the current definition promulgated 23
by the United States National Institute of Standards and 24
Technology at the time of data sharing; and 25
c. If a research or evaluation project results in the publication or 26
public dissemination of related material, confidential information 27
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provided for a research, quality improvement, or evaluation project 1
under this subparagraph shall not be disclosed in the results]. 2
(b) The provisions of this subsect ion shall not be construed as to contravene the 3
Rules of Criminal Procedure relating to discovery. 4
(7) Nothing in this section shall prohibit a parent or guardian from accessing records 5
for his or her child providing that the parent or guardian is not curr ently under 6
investigation by a law enforcement agency or the cabinet relating to the abuse or 7
neglect of a child. 8
(8) Nothing in this section shall prohibit employees or designated agents of a children's 9
advocacy center from disclosing information during a multidisciplinary team 10
review of a child sexual abuse case as set forth under KRS 620.040. Persons 11
receiving this information shall sign a confidentiality statement consistent with 12
statutory prohibitions on disclosure of this information. 13
(9) Employees or designated agents of a children's advocacy center may confirm to 14
another children's advocacy center that a child has been seen for services. If an 15
information release has been signed by the guardian of the child, a children's 16
advocacy center may disclose relevant information to another children's advocacy 17
center. 18
(10) (a) An interview of a child recorded at a children's advocacy center shall not be 19
duplicated, except that the Commonwealth's or county attorney prosecuting 20
the case may: 21
1. Make and retain one (1) copy of the interview; and 22
2. Make one (1) copy for the defendant's or respondent's counsel that the 23
defendant's or respondent's counsel shall not duplicate. 24
(b) The defendant's or respondent's counsel shall file the copy with the court clerk 25
at the close of the case. 26
(c) Unless objected to by the victim or victims, the court, on its own motion, or 27
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on motion of the attorney for the Commonwealth shall order all recorded 1
interviews that are introduced into evidence or are in the possession of the 2
children's advocacy center, law enforcement, the prosecution, or the court to 3
be sealed. 4
(d) The provisions of this subsection shall not be construed as to contravene the 5
Rules of Criminal Procedure relating to discovery. 6
(11) Identifying information concerning the individual initiating the report under KRS 7
620.030 shall not be disclosed except: 8
(a) To law enforcement officials that have a legitimate interest in the case; 9
(b) To the agency designated by the cabinet to investigate or assess the report; 10
(c) To memb ers of multidisciplinary teams as defined by KRS 620.020 that 11
operated under KRS 431.600; 12
(d) Under a court order, after the court has conducted an in camera review of the 13
record of the state related to the report and has found reasonable cause to 14
believe that the reporter knowingly made a false report; or 15
(e) The external child fatality and near fatality review panel established by KRS 16
620.055. 17
(12) (a) Information may be publicly disclosed by the cabinet in a case where child 18
abuse or neglect has resulted in a child fatality or near fatality. 19
(b) The cabinet shall conduct an internal review of any case where child abuse or 20
neglect has resulted in a child fatality or near fatality and the cabinet had prior 21
involvement with the child or family. The cabinet s hall prepare a summary 22
that includes an account of: 23
1. The cabinet's actions and any policy or personnel changes taken or to be 24
taken, including the results of appeals, as a result of the findings from 25
the internal review; and 26
2. Any cooperation, assistance, or information from any agency of the state 27
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or any other agency, institution, or facility providing services to the 1
child or family that were requested and received by the cabinet during 2
the investigation of a child fatality or near fatality. 3
(c) The cabinet shall submit a report by September 1 of each year containing an 4
analysis of all summaries of internal reviews occurring during the previous 5
year and an analysis of historical trends to the Governor, the General 6
Assembly, and the state child fatality review team created under KRS 7
211.684. 8
(13) When an adult who is the subject of information made confidential by subsection 9
(5) of this section publicly reveals or causes to be revealed any significant part of 10
the confidential matter or information, the confidentiality afforded by subsection (5) 11
of this section is presumed voluntarily waived, and confidential information and 12
records about the person making or causing the public disclosure, not already 13
disclosed but related to the information made public, may be disclosed if disclosure 14
is in the best interest of the child or is necessary for the administration of the 15
cabinet's duties under this chapter. 16
(14) (a) As a result of any report of suspected child abuse or neglect:[, ] 17
1. Photographs and X-rays;[ or ] 18
2. A comprehensive urine drug screen using confirmatory methodology 19
that shall include the following synthetic opioids: 20
a. Buprenorphine; 21
b. Fentanyl; 22
c. Methadone; and 23
d. Xylazine; or 24
3. Other appropriate medical diagnostic procedures; 25
may be taken or caused to be taken, without the consent of t he parent or other 26
person exercising custodial control or supervision of the child, as a part of the 27
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medical evaluation or investigation of these reports.[ ] 1
(b) These photographs and X -rays, comprehensive drug screens, or results of 2
other medical diagnost ic procedures may be introduced into evidence in any 3
subsequent judicial proceedings or an administrative hearing conducted by the 4
cabinet or its designee in accordance with KRS Chapter 13B in an appeal of a 5
cabinet-substantiated finding of child abuse or neglect.[ ] 6
(c) The person performing the diagnostic procedures ,[ or] taking photographs or 7
X-rays, or administering the comprehensive drug screen shall be immune 8
from criminal or civil liability for having performed the act. Nothing herein 9
shall limit liability for negligence. 10
(15) In accordance with 42 U.S.C. sec. 671, the cabinet shall share information about a 11
child in the custody of the cabinet with a relative or a parent of the child's sibling 12
for the purposes of: 13
(a) Evaluating or arranging a placement for the child; 14
(b) Arranging appropriate treatment services for the child; or 15
(c) Establishing visitation between the child and a relative, including a sibling of 16
the child. 17
(16) In accordance with 42 U.S.C. sec. 671, the cabinet shall, in the case of s iblings 18
removed from their home who are not jointly placed, provide for frequent visitation 19
or other ongoing interaction between the siblings, unless the cabinet determines that 20
frequent visitation or other ongoing interaction would be contrary to the safe ty or 21
well-being of any of the siblings. 22
(17) This section shall not be interpreted as prohibiting the Commonwealth Office of the 23
Ombudsman from reporting pursuant to KRS 43.035 on de -identified information 24
made confidential by this section. 25
Section 7. KRS 620.140 is amended to read as follows: 26
(1) In determining the disposition of all cases brought on behalf of dependent, 27
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neglected, or abused children, the juvenile session of the District Court or the 1
family division of the Circuit Court, in the best interests[interest] of the child, shall 2
have but shall not be limited to the following dispositional alternatives: 3
(a) Informal adjustment of the case by agreement, which may be entered into at 4
any time. Informal adjustment may include an agreed plan by which: 5
1. The parent or other person exercising custodial control or supervision 6
agrees that grounds exist for a finding of dependency, neglect, or abuse, 7
and agrees to the conditions of protective orders under paragraph (b) of 8
this subsection for a duration of up to one (1) year; 9
2. The action will be dismissed by the court, without hearing, at the end of 10
the period agreed upon if no motion is brought alleging a violation of a 11
protective order; and 12
3. If a motion is brought all eging a violation of a protective order, a 13
hearing will be held at which the parent or other person exercising 14
custodial control or supervision may contest the alleged violation, but 15
may not contest the original grounds for a finding of dependency, 16
neglect, or abuse. If a violation is found to have occurred, the court may 17
consider other dispositional alternatives pursuant to this section; 18
(b) Protective orders, such as the following: 19
1. Requiring the parent or any other person to abstain from any conduct 20
abusing, neglecting, or making the child dependent; 21
2. Placing the child in his or her own home under supervision of the 22
cabinet or its designee with services as determined to be appropriate by 23
the cabinet; and 24
3. Orders authorized by KRS 403.715 to 403.785 and by KRS Chapter 25
456; 26
(c) Removal of the child to t he custody of an adult relative, fictive kin, other 27
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person, or child -caring facility or child -placing agency, taking into 1
consideration the wishes of the parent or other person exercising custodial 2
control or supervision. Before any child is committed to t he cabinet or placed 3
out of his or her home under the supervision of the cabinet, the court shall 4
determine that reasonable efforts have been made by the court or the cabinet 5
to prevent or eliminate the need for removal and that continuation in the home 6
would be contrary to the welfare of the child. If a child is to be placed with an 7
adult relative or fictive kin, the child, if able, parent, or other person 8
exercising custodial control or supervision shall provide a list to the cabinet of 9
possible persons to be considered; 10
(d) Commitment of the child to the custody of the cabinet for placement for an 11
indeterminate period of time not to exceed his or her attainment of the age 12
eighteen (18), unless the youth elects to extend his or her commitment beyond 13
the age of eighteen (18) under paragraph (e) of this subsection. Beginning at 14
least six (6) months prior to an eligible youth attaining the age of eighteen 15
(18), the cabinet shall provide the eligible youth with education, 16
encouragement, assistance, and support regarding the development of a 17
transition plan, and inform the eligible youth of his or her right to extend 18
commitment beyond the age of eighteen (18); or 19
(e) Upon the receipt of the request and with concurrence of the cabinet, extend 20
or reinstate the yout h's commitment or custody [an eligible youth's 21
commitment] up to the age of twenty -one (21) to receive transitional living 22
support. The request shall be made by the youth prior to attaining twenty (20) 23
years and six (6) months of age. A youth may extend or reinstate his or 24
her[opt in or out of extended] commitment up to three (3) [ two (2)] times 25
prior to attaining twenty (20) years and six (6) months of age, without 26
seeking approval from the commissioner of the department. A youth may 27
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extend or reinstate his or her commitment more than three (3) times prior to 1
attaining twenty (20) years and six (6) months of age if approved by the 2
commissioner of the departme nt or his or her designee [with a ninety (90) 3
day grace period between the time he or she exits and then reenters custody so 4
long as there is documentation that his or her request was submitted prior to 5
attaining twenty (20) years of age] . The court may gra nt an extension or 6
reinstatement of a youth's commitment even if the concurrence of the cabinet 7
occurs after the youth attains twenty (20) years and six (6) months of age[. 8
Upon receipt of the request and with the concurrence of the cabinet, the court 9
may authorize commitment up to the age of twenty-one (21)]. 10
(2) An order of temporary custody to the cabinet shall not be considered as a 11
permissible dispositional alternative. 12
Section 8. KRS 620.055 is amended to read as follows: 13
(1) An external child fatality and near fatality review panel is hereby created and 14
established for the purpose of conducting comprehensive reviews of child fatalities 15
and near fatalities, reported to the Cabinet for Health and Family Services, 16
suspected to be a result of abuse or neglect. The panel shall be attached to the 17
Justice and Public Safety Cabinet for staff and administrative purposes. 18
(2) The external child fatality and near fatality review panel shall be composed of the 19
following five (5) ex officio nonvoting members and seventeen (17) voting 20
members: 21
(a) Two (2) members of the Kentucky General Assembly, one (1) appointed by 22
the President of the Senate and one (1) appointed by the Speaker of the House 23
of Representatives, who shall be ex officio nonvoting members; 24
(b) The commissioner of the Department for Community Based Services, who 25
shall be an ex officio nonvoting member; 26
(c) The commissioner of the Department for Public Health, who shall be an ex 27
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officio nonvoting member; 1
(d) A family c ourt judge selected by the Chief Justice of the Kentucky Supreme 2
Court, who shall be an ex officio nonvoting member[members]; 3
(e) A pediatrician from the University of Kentucky's Department of Pediatrics 4
who is licensed and experienced in forensic medicine relating to child abuse 5
and neglect to be selected by the Attorney General from a list of three (3) 6
names provided by the dean of the University of Kentucky School of 7
Medicine; 8
(f) A pediatrician from the University of Louisville's Department of Pediatric s 9
who is licensed and experienced in forensic medicine relating to child abuse 10
and neglect to be selected by the Attorney General from a list of three (3) 11
names provided by the dean of the University of Louisville School of 12
Medicine; 13
(g) The state medical examiner or designee; 14
(h) A court-appointed special advocate (CASA) program director to be selected 15
by the Attorney General from a list of three (3) names provided by the 16
Kentucky CASA Association; 17
(i) A peace officer with experience investigating child ab use and neglect 18
fatalities and near fatalities to be selected by the Attorney General from a list 19
of three (3) names provided by the commissioner of the Kentucky State 20
Police; 21
(j) A representative from Prevent Child Abuse Kentucky, Inc. to be selected by 22
the Attorney General from a list of three (3) names provided by the president 23
of the Prevent Child Abuse Kentucky, Inc. board of directors; 24
(k) A practicing local prosecutor to be selected by the Attorney General; 25
(l) The executive director of the Kentucky Domestic Violence Association or the 26
executive director's designee; 27
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(m) The chairperson of the State Child Fatality Review Team established in 1
accordance with KRS 211.684 or the chairperson's designee; 2
(n) A practicing social work clinician to be selected by the Attorney General from 3
a list of three (3) names provided by the Board of Social Work; 4
(o) A practicing addiction counselor to be selected by the Attorney General from 5
a list of three (3) names provided by the Kentucky Association of Addiction 6
Professionals; 7
(p) A representative from the family resource and youth service centers to be 8
selected by the Attorney General from a list of three (3) names submitted by 9
the Cabinet for Health and Family Services; 10
(q) A representative of a community mental healt h center to be selected by the 11
Attorney General from a list of three (3) names provided by the Kentucky 12
Association of Regional Mental Health and Mental Retardation Programs, 13
Inc.; 14
(r) A member of a citizen foster care review board selected by the Chief Justice 15
of the Kentucky Supreme Court; 16
(s) An at-large representative who shall serve as chairperson to be selected by the 17
Secretary of State; 18
(t) The president of the Kentucky Coroners Association; and 19
(u) A practicing medication -assisted treatment provider to be selected by the 20
Attorney General from a list of three (3) names provided by the Kentucky 21
Board of Medical Licensure. 22
(3) (a) [By August 1, 2013, ] The appointing authority or the appointing authorities, 23
as the case may be, shall have appointed panel members. Initial terms of 24
members, other than those serving ex officio, shall be staggered to provide 25
continuity. Initial appointments shall be: five (5) members for terms of one (1) 26
year, five (5) members for terms of two (2) years, and five (5) members for 27
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terms of three (3) years, these terms to expire, in each instance, on June 30 1
and thereafter until a successor is appointed and accepts appointment. 2
(b) Upon the expiration of these initial staggered terms, successors shall be 3
appointed by the respective appointing authorities [,] for terms of two (2) 4
years[,] and until successors are appointed and accept their appointments. 5
Members shall be eligible for reappointment. Vacancies in the membership of 6
the panel shall be filled in the same manner as the original appointments. 7
(c) At any time, a panel member shall recuse himself or herself from the review 8
of a case if the panel member believes he or she has a personal or private 9
conflict of interest. 10
(d) If a voting panel member is absent from two (2) or more consecutive, 11
regularly scheduled meetings, the member shall be considered to have 12
resigned and shall be replaced with a new member in the same manner as the 13
original appointment. 14
(e) If a voting panel member is proven to have violated subsection (13) of this 15
section, the member shall be removed from the panel, and the member shall 16
be replaced with a new member in the same manner as the original 17
appointment. 18
(4) The panel shall meet at le ast quarterly and may meet upon the call of the 19
chairperson of the panel. 20
(5) Members of the panel shall receive no compensation for their duties related to the 21
panel, but may be reimbursed for expenses incurred in accordance with state 22
guidelines and administrative regulations. 23
(6) Each panel member shall be provided copies of all information set out in this 24
subsection, including but not limited to records and information, upon request, to be 25
gathered, unredacted, and submitted to the panel within thirty ( 30) days by the 26
Cabinet for Health and Family Services from the Department for Community Based 27
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Services or any agency, organization, or entity involved with a child subject to a 1
fatality or near fatality: 2
(a) Cabinet for Health and Family Services records and documentation regarding 3
the deceased or injured child and his or her caregivers, residents of the home, 4
and persons supervising the child at the time of the incident that include all 5
records and documentation set out in this paragraph: 6
1. All prior and ongoing investigations, services, or contacts; 7
2. [Any and ]All records of services to the family provided by agencies or 8
individuals contracted by the Cabinet for Health and Family Services; 9
and 10
3. All documentation of actions taken as a result of child fatality internal 11
reviews conducted pursuant to KRS 620.050(12)(b); 12
(b) Licensing reports from the Cabinet for Health and Family Services, Office of 13
Inspector General, if an incident occurred in a licensed facility; 14
(c) All available records regarding protective services provided out of state; 15
(d) All records of services provided by the Department for Juvenile Justice 16
regarding the deceased or injured child and his or her caregivers, residents of 17
the home, and persons involved with the child at the time of the incident; 18
(e) Autopsy reports; 19
(f) Emergency medical service, fire department, law enforcement, coroner, and 20
other first responder reports, including but not limited to photos and 21
interviews with family members and witnesses; 22
(g) Medical records regard ing the deceased or injured child, including but not 23
limited to all records and documentation set out in this paragraph: 24
1. Primary care records, including progress notes; developmental 25
milestones; growth charts that include head circumference; all 26
laboratory and X-ray requests and results; and birth record that includes 27
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record of delivery type, complications, and initial physical exam of 1
baby; 2
2. In-home provider care notes about observations of the family, bonding, 3
others in home, and concerns; 4
3. Hospitalization and emergency department records; 5
4. Dental records; 6
5. Specialist records; and 7
6. All photographs of injuries of the child that are available; 8
(h) Educational records of the deceased or injured child, or other children residing 9
in the home where the incident occurred, including but not limited to the 10
records and documents set out in this paragraph: 11
1. Attendance records; 12
2. Special education services; 13
3. School-based health records; and 14
4. Documentation of any interaction and services provided to the children 15
and family. 16
The release of educational records shall comply[be in compliance] with the 17
Family Educational Rights and Privacy Act, 20 U.S.C. sec . 1232g and its 18
implementing regulations; 19
(i) Head Start records or records from any other child care or early child care 20
provider; 21
(j) Records of any Family, Circuit, or District Court involvement with the 22
deceased or injured child and his or her caregive rs, residents of the home and 23
persons involved with the child at the time of the incident that include but are 24
not limited to the juvenile and family court records and orders set out in this 25
paragraph, pursuant to KRS Chapters 199, 403, 405, 406, and 600 to 645: 26
1. Petitions; 27
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2. Court reports by the Department for Community Based Services, 1
guardian ad litem, court -appointed special advocate, and the Citizen 2
Foster Care Review Board; 3
3. All orders of the court, including temporary, dispositional, or 4
adjudicatory; and 5
4. Documentation of annual or any other review by the court; 6
(k) Home visit records from the Department for Public Health or other services; 7
(l) All information on prior allegations of abuse or neglect and deaths of children 8
of adults residing in the household; 9
(m) All law enforcement records and documentation regarding the deceased or 10
injured child and his or her caregivers, residents of the home, and persons 11
involved with the child at the time of the incident;[ and] 12
(n) Mental health records reg arding the deceased or injured child and his or her 13
caregivers, residents of the home, and persons involved with the child at the 14
time of the incident; and 15
(o) All supervisory consult notes, documents, and information related to all 16
fatal and near fatal cases. 17
(7) The panel may seek the advice of experts, such as persons specializing in the fields 18
of psychiatric and forensic medicine, nursing, psychology, social work, education, 19
law enforcement, family law, or other related fields, if the facts of a case wa rrant 20
additional expertise. 21
(8) The panel shall have full access to The Workers Information System, known as 22
TWIST, and the internet The Workers Information System, known as iTWIST, 23
that are maintained by the Cabinet for Health and Family Services. 24
(9) The panel shall be provided with the quarterly System Safety Review Report that 25
is submitted to the Safety Action Group (SAG) and with any additional reports, 26
minutes, and recommendations from the SAG meetings that are not part of the 27
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recommendations incorpor ated in the Cabinet for Health and Family Services 1
Annual Fatality Report. 2
(10) The panel shall post updates after each meeting to the website of the Justice and 3
Public Safety Cabinet regarding case reviews, findings, and recommendations. 4
(11)[(9)] The panel chairperson, or other requested persons, shall report a summary of 5
the panel's discussions and proposed or actual recommendations to the Interim Joint 6
Committee on Families and Children of the Kentucky General Assembly monthly 7
or at the request of a com mittee co -chair. The goal of the committee shall be to 8
ensure impartiality regarding the operations of the panel during its review process. 9
(12)[(10)] (a) The panel shall publish an annual report by February 1 of each year 10
consisting of case reviews, findi ngs, and recommendations for system and 11
process improvements to help prevent child fatalities and near fatalities that 12
are due to abuse and neglect. The report shall be submitted to the Governor, 13
the secretary of the Cabinet for Health and Family Services, the Chief Justice 14
of the Supreme Court, the Attorney General, the State Child Abuse and 15
Neglect Prevention Board established pursuant to KRS 15.905, and the 16
director of the Legislative Research Commission for distribution to the 17
Interim Joint Committee on Families and Children, and the Interim Joint 18
Committee on Judiciary. 19
(b) The panel shall determine which agency is responsible for implementing each 20
recommendation, and shall forward each recommendation in writing to the 21
appropriate agency. 22
(c) Any agency that receives a recommendation from the panel shall, within 23
ninety (90) days of receipt: 24
1. Respond to the panel with a written notice of intent to implement the 25
recommendation, an explanation of how the recommendation will be 26
implemented, and an approximate time frame of implementation; or 27
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2. Respond to the panel with a written notice that the agency does not 1
intend to implement the recommendation, and a detailed explanation of 2
why the recommendation cannot be implemented. 3
(13) (a)[(11)] Information and record copies that are confidential under state or federal 4
law and are provided to the external child fatality and near fatality review 5
panel by the Cabinet for Health and Family Services, the Department for 6
Community Based Services, or any agency , organization, or entity for review 7
shall not become the information and records of the panel and shall not lose 8
their confidentiality by virtue of the panel's access to the information and 9
records.[ ] 10
(b) The original information and records used to gene rate information and record 11
copies provided to the panel in accordance with subsection (6) of this section 12
shall be maintained by the appropriate agency in accordance with state and 13
federal law and shall be subject to the Kentucky Open Records Act, KRS 14
61.870 to 61.884.[ ] 15
(c) All open records requests shall be made to the appropriate agency, not to the 16
external child fatality and near fatality review panel or any of the panel 17
members. Information and record copies provided to the panel for review 18
shall be exempt from the Kentucky Open Records Act, KRS 61.870 to 19
61.884.[ ] 20
(d) At the conclusion of the panel's examination, all copies of information and 21
records provided to the panel involving an individual case shall be destroyed 22
by the Justice and Public Safety Cabinet. 23
(14) (a)[(12)] Notwithstanding any provision of law to the contrary, the portions of the 24
external child fatality and near fatality review panel meetings during which an 25
individual child fatality or near fatality case is reviewed or discussed by panel 26
members may be a closed session and subject to the provisions of KRS 27
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61.815(1) and shall only occur following the conclusion of an open session. 1
At the conclusion of the closed session, the panel shall immediately convene 2
an open session and give a summary of what occurred during the closed 3
session. 4
(b) The external child fatality and near fatality review panel shall develop a 5
procedure for discussion of cases that are being reviewed by the panel with 6
the agency that was responsible for the investiga tion of the case and shall 7
include the following requirements: 8
1. Any discussions about a case shall be held in a closed session; 9
2. Anything said by an employee of the investigating agency shall not be 10
used as evidence in any civil, criminal, or administrative hearing; 11
3. Any employee of the investigating agency may attend with the 12
employee or employees who investigated the case being discussed; and 13
4. The investigating agency shall not be asked to attend until after final 14
judgment was entered by the court in that case or the Commonwealth 15
declined to prosecute the case. 16
(15)[(13)] Each member of the external child fatality and near fatality review panel, any 17
person attending a closed panel session, and any person presenting information or 18
records on an individual child fatality or near fatality shall not release information 19
or recor ds not available under the Kentucky Open Records Act, KRS 61.870 to 20
61.884 to the public. 21
(16)[(14)] A member of the external child fatality and near fatality review panel shall not 22
be prohibited from making a good faith report to any state or federal agen cy of any 23
information or issue that the panel member believes should be reported or 24
disclosed[ in an effort] to facilitate effectiveness and transparency in Kentucky's 25
child protective services. 26
(17)[(15)] A member of the external child fatality and near fatality review panel shall not 27
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be held liable for any civil damages or criminal penalties pursuant to KRS 620.990 1
as a result of any action taken or omitted in the performance of the member's duties 2
pursuant to this section and KRS 620.050, except for viol ations of subsection 3
(13)[(11)], (14)[(12)], or (15)[(13)] of this section. 4
(18)[(16)] The proceedings, records, opinions, and deliberations of the external child 5
fatality and near fatality review panel shall be privileged and shall not be subject to 6
discovery, subpoena, or introduction into evidence in any civil or criminal actions 7
in any manner that would directly or indirectly identify specific persons or cases 8
reviewed by the panel. Nothing in this subsection shall be construed to restrict or 9
limit the right to discover or use in any civil action any evidence that is 10
discoverable independent of the proceedings of the panel. 11
(19)[(17)] The Legislative Oversight and Investigations Committee of the Kentucky 12
General Assembly shall conduct an annual evaluatio n of the external child fatality 13
and near fatality review panel established pursuant to this section to monitor the 14
operations, procedures, and recommendations of the panel and shall report its 15
findings to the General Assembly. 16
SECTION 9. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) As used in this section: 19
(a) "Department" means Department for Community Based Services within the 20
Cabinet for Health and Family Services; 21
(b) "Plan of Safe Care" means a safety-focused and preventive plan developed 22
and administered by the department to address the: 23
1. Health, safety, and developmental needs of a substance -exposed 24
infant; and 25
2. Treatment, recovery, and support needs of a substance -exposed infant 26
family or caregiver; 27
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(c) "Plan of Safe Care Safety Assessment Response" means a preventive child 1
safety response plan developed and administered by the department and 2
authorized under this section; and 3
(d) "Substance-exposed infant": 4
1. Means an infant identified at birth as having been knowingly 5
prenatally exposed to alcohol, illegal substances, or misused 6
prescription medications, regardless of whether the infant exhibits 7
withdrawal symptoms or receives a diagnosis of Neonatal Abstinenc e 8
Syndrome or Fetal Alcohol Spectrum Disorder; and 9
2. Does not mean an infant identified at birth as having been prenatally 10
exposed to prescription medications for which the mother holds a valid 11
and properly used prescription or medications administered to the 12
mother under supervision of a licensed healthcare provider during 13
childbirth. 14
Identification as a substance -exposed infant shall not by itself constitute 15
abuse or neglect absent findings under KRS 600.020. 16
(2) A health care provider or facility invol ved in the delivery or care of an infant 17
shall notify the department when an infant is suspected to be a substance-exposed 18
infant. 19
(3) Participation in a Plan of Safe Care shall be supportive and preventive in nature. 20
Participation may be required as reaso nably necessary to ensure child safety 21
under the department’s authority but shall not alone constitute a finding of abuse 22
or neglect. 23
(4) Notwithstanding KRS 620.030, a notification involving a substance -exposed 24
infant shall be accepted for assessment unde r the Plan of Safe Care Safety 25
Assessment Response regardless of whether the notification alleges abuse or 26
neglect. 27
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(5) Notification under this section shall: 1
(a) Not require a determination or allegation of abuse or neglect; 2
(b) Not be limited to infants diagnosed with Neonatal Abstinence Syndrome or 3
Fetal Alcohol Spectrum Disorder; and 4
(c) Be made for preventive safety and service coordination purposes and not for 5
criminal prosecution. 6
(6) The department shall, when a substance -exposed infant is born in a hospital or 7
freestanding birthing center facility: 8
(a) Conduct a safety -focused assessment to determine the safety and needs of 9
the substance -exposed infant and of any other children residing in the 10
household; 11
(b) Attempt initial contact with the caregiver and infant prior to discharge, with 12
consent of the caregiver or consistent with authority pursuant to KRS 13
Chapter 620. Initial contact shall not constitute completion of the Plan of 14
Safe Care assessment; 15
(c) Attempt post discharge contact with the caregi ver and infant if contact does 16
not occur prior to discharge with consent of the caregiver or consistent with 17
authority pursuant to KRS Chapter 620; 18
(d) Complete the Plan of Safe Care and the Plan of Safe Care Safety 19
Assessment Response within a timeline established by the department; 20
(e) Document safety findings prior to case closure and verify through direct 21
contact if the infant and other children may safely remain in the home 22
environment; and 23
(f) Collect aggregate data regarding implementation outcomes a nd compliance 24
related to requirements of the Child Abuse Prevention and Treatment Act 25
42 U.S.C. sec. 5106a and submit a report on the data by December 1, 2026, 26
and annually thereafter to the Legislative Research Committee for referral 27
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to the Interim Joint Committees on Families and Children and Health 1
Services. 2
(7) The department may utilize public or private service providers to implement this 3
section. 4
SECTION 10. A NEW SECTION OF KRS CHAPTER 625 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) By December 1, 2026, and annually thereafter until December 1, 2029, the 7
Administrative Office of the Courts shall collect data from each Circuit Court 8
detailing the length of time that lapses from the filing of each petition for 9
involuntary termination of parental rights, including any appeals, until the final 10
disposition of the case. The data shall be reported to the Legislative Research 11
Commission for referral to the Interim Joint Committees on Judiciary and 12
Families and Children. 13
(2) By Decem ber 1, 2026, and annually thereafter until December 1, 2029, the 14
Cabinet for Health and Family Services shall collect data detailing the length of 15
time that each child remains in foster care placement prior to the filing of a 16
petition for involuntary termi nation of parental rights. The data shall be 17
delineated by county and reported to the Legislative Research Commission for 18
referral to the Interim Joint Committees on Judiciary and Families and Children. 19
Section 11. KRS 508.090 is amended to read as follows: 20
As used[The following definitions apply] in KRS 508.100 to 508.120 unless the context 21
requires otherwise[otherwise requires]: 22
(1) "Abuse or neglect" means 23
(a) The infliction of: 24
1. Physical pain [,] or injury, including ingestion or inhalation of a 25
controlled substance; or 26
2. Mental injury;[,] or 27
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(b) The deprivation of services by a person which are necessary to maintain the 1
health and welfare of a person, or a situation in which an adult, living alone, is 2
unable to provide or obtain for himself or herself the services which are 3
necessary to maintain his or her health or welfare;[. ] 4
(2) "Controlled substance" has the same meaning as in KRS 218A.010; and 5
(3) "Physically helpless" and "mentally helpless" means a person who lacks substantial 6
capacity to defend himself or herself or solicit protection from law enforcement 7
agencies. 8
Section 12. KRS 508.100 is amended to read as follows: 9
(1) A person is guilty of criminal abuse or neglect in the first degree when he or she 10
intentionally abuses or neglects another person or permits another person of whom 11
he or she has actual custody to be abused or neglected and thereby: 12
(a) Causes serious physical injury; 13
(b) Places him or her in a situation that creates a substantial and unjustifiable 14
risk of[may cause him] serious physical injury; or 15
(c) Causes torture, cruel confinement, or cruel punishment; 16
to a person under thirteen (13) years old [twelve (12) years of age or less] , or who 17
is physically helpless or mentally helpless. 18
(2) Criminal abuse or neglect in the first degree is a Class C felony unless the victim is 19
under thirteen (13)[twelve (12)] years old, in which case it is a Class B felony. 20
Section 13. KRS 508.110 is amended to read as follows: 21
(1) A person is guilty of criminal abuse or neglect in the second degree when he or she 22
wantonly abuses or neglects another person or permits another person of whom he 23
or she has actual custody to be abused or neglected and thereby: 24
(a) Causes serious physical injury; or 25
(b) Places him or her in a situation that creates a substantial and unjustifiable 26
risk of[may cause him] serious physical injury; or 27
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(c) Causes torture, cruel confinement, or cruel punishment; 1
to a person under thirteen (13) years old [twelve (12) years of age or less] , or who 2
is physically helpless or mentally helpless. 3
(2) Criminal abuse or neglect in the second degree is a Class D felony. 4
Section 14. KRS 508.120 is amended to read as follows: 5
(1) A person is guilty of criminal abuse or neglect in the third degree when he or she 6
recklessly abuses or neglects another person or permits another person of whom he 7
or she has actual custody to be abused or neglected and thereby: 8
(a) Causes serious physical injury; or 9
(b) Places him or her in a situation that creates a substantial and unjustifiable 10
risk of[may cause him] serious physical injury; or 11
(c) Causes torture, cruel confinement, or cruel punishment; 12
to a person under thirteen (13) years old[twelve (12) years of age or less] , or who 13
is physically helpless or mentally helpless. 14
(2) Criminal abuse or neglect in the third degree is a Class A misdemeanor unless the 15
person is under thirteen (13) years old and the person has suffered serious 16
physical injury by the ingestion or inhalation of a controlled substance, in which 17
case it is a Class D felony. 18
Section 15. KRS 15.440 is amended to read as follows: 19
(1) Each unit of government that meets the following requirements shall be eligible to 20
share in the distribution of funds from the Law Enforcement Foundation Program 21
fund: 22
(a) Employs one (1) or more police officers; 23
(b) Pays every police officer at least the minimum federal wage; 24
(c) Requires all police officers to have, at a minimum, a high school degree, or its 25
equivalent as determined by the council, except that each police officer 26
employed prior to the date on which the officer's police department was 27
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included as a participant under KRS 15.410 to 15.510 shall be deemed to have 1
met the requirements of this subsection; 2
(d) 1. Requires all police officers to successfully complete a basic training 3
course of nine hundred twenty-eight (928) hours' duration within one (1) 4
year of the date of employment at a school certified or recognized by the 5
council, which may provide a different number of hours of instruction as 6
established in this paragraph, except that each police officer employed 7
prior to the date on which t he officer's police department was included 8
as a participant under KRS 15.410 to 15.510 shall be deemed to have 9
met the requirements of this subsection. 10
2. As the exclusive method by which the number of hours required for 11
basic training courses shall be mo dified from that which is specifically 12
established by this paragraph, the council may, by the promulgation of 13
administrative regulations in accordance with the provisions of KRS 14
Chapter 13A, explicitly set the exact number of hours for basic training 15
at a number different from nine hundred twenty -eight (928) hours based 16
upon a training curriculum approved by the Kentucky Law Enforcement 17
Council as determined by a validated job task analysis. 18
3. If the council sets an exact number of hours different from nin e hundred 19
twenty-eight (928) in an administrative regulation as provided by this 20
paragraph, it shall not further change the number of hours required for 21
basic training without promulgating administrative regulations in 22
accordance with the provisions of KRS Chapter 13A. 23
4. Nothing in this paragraph shall be interpreted to prevent the council, 24
pursuant to its authority under KRS 15.330, from approving training 25
schools with a curriculum requiring attendance of a number of hours 26
that exceeds nine hundred twenty -eight (928) hours or the number of 27
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hours established in an administrative regulation as provided by 1
subparagraphs 2. and 3. of this paragraph. However, the training 2
programs and schools for the basic training of law enforcement 3
personnel conducted by the department pursuant to KRS 15A.070 shall 4
not contain a curriculum that requires attendance of a number of hours 5
for basic training that is different from nine hundred twenty -eight (928) 6
hours or the number of hours established in an administrative regulati on 7
promulgated by the council pursuant to the provisions of KRS Chapter 8
13A as provided by subparagraphs 2. and 3. of this paragraph. 9
5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 10
to the contrary notwithstanding, the council may, through the 11
promulgation of administrative regulations in accordance with KRS 12
Chapter 13A, approve basic training credit for: 13
a. Years of service credit as a law enforcement officer with previous 14
service in another state; and 15
b. Basic training completed in another state. 16
6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 17
to the contrary notwithstanding, the council may, through the 18
promulgation of administrative regulations in accordance with KRS 19
Chapter 13A, approve basic training credit for: 20
a. Completion of eight hundred forty -eight (848) hours of training at 21
a school established pursuant to KRS 15A.070; 22
b. A minimum of fifteen (15) years of experience as a certified law 23
enforcement instructor at a school established pursuant to KRS 24
15A.070; 25
c. Completion of an average of forty (40) hours of Kentucky Law 26
Enforcement Council approved in -service training annually from 27
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January 1, 1997, through January 1, 2020; 1
d. Three (3) years of active, full-time service as a: 2
i. City, county, urban -county, charter county, consolidated 3
local, or unified local government police officer; 4
ii. Sheriff's deputy, excluding special deputies appointed under 5
KRS 70.045; 6
iii. Department of Kentucky State Police officer; or 7
iv. Kentucky Department of Fish and W ildlife Resources game 8
warden exercising peace officer powers under KRS 150.090; 9
and 10
e. Completion of the: 11
i. Twenty-four (24) hour legal update Penal Code course; 12
ii. Sixteen (16) hour legal update constitutional procedure 13
course; and 14
iii. Forty (40) hour basic officer skills course within one (1) year 15
prior to applying for certification; 16
(e) Requires all police officers to successfully complete each calendar year an in -17
service training course, appropriate to the officer's rank and responsib ility and 18
the size and location of the officer's police department, of forty (40) hours' 19
duration, at a school certified or recognized by the council which may include 20
a four (4) hour course which meets the requirements of paragraph (j) of this 21
subsection. This in-service training requirement shall be waived for the period 22
of time that a peace officer is serving on active duty in the United States 23
Armed Forces. This waiver shall be retroactive for peace officers from the 24
date of September 11, 2001; 25
(f) Complies with all provisions of law applicable to police officers or police 26
departments, including: 27
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1. Transmission of data to the centralized criminal history record 1
information system as required by KRS 17.150; and 2
2. Transmission of reports as required by KRS 15.391; 3
(g) Complies with all rules and regulations, appropriate to the size and location of 4
the police department issued by the cabinet to facilitate the administration of 5
the fund and further the purposes of KRS 15.410 to 15.510; 6
(h) Possesses a written policy and procedures manual related to domestic violence 7
for law enforcement agencies that has been approved by the cabinet. The 8
policy shall comply with the provisions of KRS 403.715 to 403.785. The 9
policy shall include: 10
1. A purpose statement; 11
2. Definitions; 12
3. Supervisory responsibilities; 13
4. Procedures for twenty-four (24) hour access to protective orders; 14
5. Procedures for enforcement of court orders or relief when protective 15
orders are violated; 16
6. Procedures for timely and contemporaneous reporting of adult abuse and 17
domestic violence to the Cabinet for Health and Family Services, 18
Department for Community Based Services; 19
7. Victim rights, assistance, and service responsibilities; and 20
8. Duties related to timely completion of records; 21
(i) Possesses[ by January 1, 2023,] a written policy and procedures manual 22
related to sexual assault examinations that meets th e standards provided by, 23
and has been approved by, the cabinet, and which includes: 24
1. A requirement that evidence collected as a result of an examination 25
performed under KRS 216B.400 be taken into custody within five (5) 26
days of notice from the collecting facility that the evidence is available 27
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for retrieval; 1
2. A requirement that evidence received from a collecting facility relating 2
to an incident which occurred outside the jurisdiction of the police 3
department be transmitted to a police department with j urisdiction 4
within ten (10) days of its receipt by the police department; 5
3. A requirement that all evidence retrieved from a collecting facility under 6
this paragraph be transmitted to the Department of Kentucky State 7
Police forensic laboratory within thir ty (30) days of its receipt by the 8
police department; 9
4. A requirement that a suspect standard, if available, be transmitted to the 10
Department of Kentucky State Police forensic laboratory with the 11
evidence received from a collecting facility; 12
5. A process for notifying the victim from whom the evidence was 13
collected of the progress of the testing, whether the testing resulted in a 14
match to other DNA samples, and if the evidence is to be destroyed. The 15
policy may include provisions for delaying notice until a suspect is 16
apprehended or the office of the Commonwealth's attorney consents to 17
the notification, but shall not automatically require the disclosure of the 18
identity of any person to whom the evidence matched; and 19
6. A requirement that DNA samples collected as a result of an examination 20
performed under KRS 216B.400 that are voluntarily submitted solely for 21
elimination purposes shall not be checked against any DNA index, 22
retained, or included in any DNA index;[ and] 23
(j) Requires all police officers to succ essfully complete by December 31, 2022, 24
and every two (2) years thereafter, a training course certified by the council of 25
not less than four (4) hours in emergency vehicle operation; and 26
(k) Possesses by December 1, 2026, a written policy and procedures ma nual 27
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related to pediatric ingestion or inhalation of controlled substances that 1
includes a requirement that: 2
1. In each case where a child: 3
a. Is suspected to have ingested or inhaled a controlled substance 4
as defined in KRS 218A.010; and 5
b. Requires medical attention; 6
a police officer shall seek a search warrant for a urine, blood, or other 7
appropriate test for the person who was responsible for the supervision 8
of the child when the controlled substance was ingested or inhaled; 9
and 10
2. Any test sought under subparagraph 1. of this paragraph shall test for 11
the presence of a wide range of substances that are commonly abused, 12
including but not limited to: 13
a. Buprenorphine; 14
b. Cocaine; 15
c. Fentanyl; 16
d. Marijuana; 17
e. Methadone; 18
f. Methamphetamine; 19
g. Tetrahydrocannabinol; 20
h. Xylazine; and 21
i. Any salt, compound, or derivative of any substance listed in 22
subdivisions a. to h. of this subparagraph. 23
(2) A unit of government which meets the criteria of this section shall be eligible to 24
continue sharing in the distribution of funds from the Law Enforcement Foundation 25
Program fund only if the police department of the unit of government remains in 26
compliance with the requirements of this section. 27
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(3) Deputies employed by a sheriff's office shall be eligible to participate in the 1
distribution of funds from the Law Enforcement Foundation Program fund 2
regardless of participation by the sheriff. 3
(4) Failure to meet a deadline established in a policy adopted pursuant to subsection 4
(1)(i) of this section for the retr ieval or submission of evidence shall not be a basis 5
for a dismissal of a criminal action or a bar to the admissibility of the evidence in a 6
criminal action. 7
Section 16. KRS 15.334 is amended to read as follows: 8
(1) The Kentucky Law Enforcement Council shall approve mandatory training subjects 9
to be taught to all students attending a law enforcement basic training course that 10
include but are not limited to: 11
(a) Abuse, neglect, and exploitation of the elderly and other cri mes against the 12
elderly, including the use of multidisciplinary teams in the investigation and 13
prosecution of crimes against the elderly; 14
(b) The dynamics of domestic violence, pediatric abusive head trauma, as defined 15
in KRS 620.020, child physical and se xual abuse, and rape; child 16
development; the effects of abuse and crime on adult and child victims, 17
including the impact of abuse and violence on child development; legal 18
remedies for protection; lethality and risk issues; profiles of offenders and 19
offender treatment; model protocols for addressing domestic violence, rape, 20
pediatric abusive head trauma, as defined in KRS 620.020, and child abuse; 21
available community resources and victim services; and reporting 22
requirements. This training shall be developed in consultation with legal, 23
victim services, victim advocacy, and mental health professionals with 24
expertise in domestic violence, child abuse, and rape. Training in recognizing 25
pediatric abusive head trauma may be designed in collaboration with 26
organizations and agencies that specialize in the prevention and recognition of 27
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pediatric abusive head trauma approved by the secretary of the Cabinet for 1
Health and Family Services; 2
(c) Human immunodeficiency virus infection and acquired immunodeficiency 3
virus syndrome; 4
(d) Identification and investigation of, responding to, and reporting bias -related 5
crime, victimization, or intimidation that is a result of or reasonably related to 6
race, color, religion, sex, or national origin; 7
(e) The characteristics and dynamics of human trafficking, state and federal laws 8
relating to human trafficking, the investigation of cases involving human 9
trafficking, including but not limited to screening for human trafficking, and 10
resources for assistance to the victims of human trafficking; 11
(f) [Beginning January 1, 2017, the council shall require that a law enforcement 12
basic training course include ] At least eight (8) hours of training relevant to 13
sexual assault;[ and] 14
(g) Education on female genital mutilation as defined in KRS 508.125 , including 15
the risk factors associated with female genital mutilation, the criminal 16
penalties for committing female genital mutilation, and the psychological and 17
health effects on a victim of female genital mutilation; and 18
(h) The characteristics, dynamic s, and investigation of pediatric ingestion or 19
inhalation of controlled substances. 20
(2) (a) The council shall develop and approve mandatory in -service training courses 21
to be presented to all certified peace officers. The council may promulgate 22
administrative regulations in accordance with KRS Chapter 13A setting forth 23
the deadlines by which all certified peace officers shall attend the mandatory 24
in-service training courses. 25
(b) [Beginning January 1, 2017, ] The council shall establish a forty (40) hour 26
sexual assault investigation training course. [After January 1, 2019, ]Agencies 27
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shall maintain officers on staff who have completed the forty (40) hour sexual 1
assault investigation training course in accordance with the following: 2
1. Agencies with more than ten (10) but fewer than twenty -one (21) full -3
time officers shall maintain one (1) officer who has completed the forty 4
(40) hour sexual assault investigation training course; 5
2. Agencies with twenty -one (21) o r more but fewer than fifty -one (51) 6
full-time officers shall maintain at least two (2) officers who have 7
completed the forty (40) hour sexual assault investigation training 8
course; and 9
3. Agencies with fifty-one (51) or more full -time officers shall maint ain at 10
least four (4) officers who have completed the sexual assault 11
investigation course. 12
(c) An agency shall not make an officer directly responsible for the investigation 13
or processing of sexual assault offenses unless that officer has completed the 14
forty (40) hour sexual assault investigation training course. 15
(d) The council may, upon application by any agency, grant an exemption from 16
the training requirements set forth in paragraph (b) of this subsection if that 17
agency, by limitations arising from its scope of authority, does not conduct 18
sexual assault investigations. 19
(e) Any agency failing to comply with paragraph (b) or (c) of this subsection 20
shall, from the date the noncompliance commences, have one (1) year to 21
reestablish the minimum number of trained officers required. 22
(3) (a) The Justice and Public Safety Cabinet shall provide training on the subjects 23
of: 24
1. Domestic violence and abuse [ and may do so utilizing currently 25
available technology] . All certified peace officers shall be required to 26
complete this training at least once every two (2) years; and 27
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2. Pediatric ingestion or inhalation of controlled substances. All certified 1
peace officers shall be required to complete this training at least once 2
every three (3) years. 3
(b) Training required under paragraph (a) of this subsection may be completed 4
utilizing currently available technology. 5
(4) The council shall promulgate administrative regulations in accordance with KRS 6
Chapter 13A to establish mandatory basic training and in-service training courses. 7
Section 17. KRS 194A.545 is amended to read as follows: 8
(1) The secretary for health and family services shall develop an initial training course 9
and continuing education courses for employees of the Department for Co mmunity 10
Based Services concerning the: 11
(a) Dynamics of domestic violence and elder abuse, neglect, and exploitation; 12
effects of domestic violence and elder abuse, neglect, and exploitation on 13
adult and child victims; 14
(b) Legal remedies for protection; 15
(c) Lethality and risk issues; 16
(d) Model protocols for addressing domestic violence; and 17
(e) Available community resources and victim services; and reporting 18
requirements. 19
The training shall be developed in consultation with legal, victim services, victim 20
advocacy, and mental health professionals with an expertise in domestic violence. 21
(2) Each person employed by the Department for Community Based Services who 22
provides supervisory or direct service at the local, district, or state level shall 23
successfully comp lete the initial training course and, at least once every two (2) 24
years, the continuing education course developed under subsection (1) of this 25
section. 26
(3) The secretary is encouraged to include an educational component covering the 27
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recognition and prevention of: 1
(a) Pediatric abusive head trauma, as defined in KRS 620.020; and[,] 2
(b) Pediatric ingestion or inhalation of controlled substances; 3
as part of the initial training and continuing education for Department for 4
Community Based Services front-line child protection staff. 5
Section 18. KRS 199.896 is amended to read as follows: 6
(1) A[No] person, association, or organization shall not conduct, operate, maintain, or 7
advertise any child -care center without obtaining a license as provided in KRS 8
199.892 to 199.896. 9
(2) The cabinet may pr omulgate administrative regulations pursuant to KRS Chapter 10
13A relating to license fees and may, in the administrative regulations, establish 11
standards of care and service for a child -care center, criteria for the denial of a 12
license if criminal records i ndicate convictions that may impact the safety and 13
security of children in care, and procedures for enforcement of penalties which are 14
not in contravention of this section. 15
(3) Each initial application for a license shall be made to the cabinet and shall b e 16
accompanied by a fee that shall not exceed administrative costs of the program to 17
the cabinet and shall be renewable annually upon expiration and reapplication when 18
accompanied by a renewal fee that shall not exceed administrative costs of the 19
program to the cabinet. Regular licenses and renewals thereof shall expire one (1) 20
year from their effective date. 21
(4) A[No] child-care center shall not be refused a license or have its license revoked for 22
failure to meet standards set by the secretary until after t he expiration of a period 23
not to exceed six (6) months from the date of the first official notice that the 24
standards have not been met. If [, however,] the cabinet has probable cause to 25
believe that an immediate threat to the public health, safety, or welfa re exists, the 26
cabinet may take emergency action pursuant to KRS 13B.125. All administrative 27
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hearings conducted under authority of KRS 199.892 to 199.896 shall be conducted 1
in accordance with KRS Chapter 13B. 2
(5) If, upon inspection or investigation, the i nspector general finds that a child -care 3
center licensed under this section has violated the administrative regulations, 4
standards, or requirements of the cabinet, the inspector general shall issue a 5
statement of deficiency to the center containing: 6
(a) A statement of fact; 7
(b) A statement of how an administrative regulation, standard, or requirement of 8
the cabinet was violated; and 9
(c) The timeframe, negotiated with the child-care center, within which a violation 10
is to be corrected, except that a violation that poses an immediate threat to the 11
health, safety, or welfare of children in the center shall be corrected in no 12
event later than five (5) working days from the date of the statement of 13
deficiency. 14
(6) The Cabinet for Health and Family Services, in con sultation with the Office of the 15
Inspector General, shall establish by administrative regulations promulgated in 16
accordance with KRS Chapter 13A an informal dispute resolution process through 17
which a child-care provider may dispute licensure deficiencies t hat have an adverse 18
effect on the child-care provider's license. 19
(7) A child -care center shall have the right to appeal to the Cabinet for Health and 20
Family Services under KRS Chapter 13B any action adverse to its license or the 21
assessment of a civil penal ty issued by the inspector general as the result of a 22
violation contained in a statement of deficiency within twenty (20) days of the 23
issuance of the action or assessment of the civil penalty. An appeal shall not act to 24
stay the correction of a violation. 25
(8) In assessing the civil penalty to be levied against a child -care center for a violation 26
contained in a statement of deficiency issued under this section, the inspector 27
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general or the inspector general's designee shall take into consideration the 1
following factors: 2
(a) The gravity of the threat to the health, safety, or welfare of children posed by 3
the violation; 4
(b) The number and type of previous violations of the child-care center; 5
(c) The reasonable diligence exercised by the child -care center and ef forts to 6
correct the violation; and 7
(d) The amount of assessment necessary to assure immediate and continued 8
compliance. 9
(9) Upon a child -care center's failure to take action to correct a violation of the 10
administrative regulations, standards, or requireme nts of the cabinet contained in a 11
statement of deficiency, or at any time when the operation of a child -care center 12
poses an immediate threat to the health, safety, or welfare of children in the center, 13
and the child-care center continues to operate after the cabinet has taken emergency 14
action to deny, suspend, or revoke its license, the cabinet or the cabinet's designee 15
shall take at least one (1) of the following actions against the center: 16
(a) Institute proceedings to obtain an order compelling complianc e with the 17
administrative regulations, standards, and requirements of the cabinet; 18
(b) Institute injunctive proceedings in Circuit Court to terminate the operation of 19
the center; 20
(c) Institute action to discontinue payment of child-care subsidies; or 21
(d) Suspend or revoke the license or impose other penalties provided by law. 22
(10) Upon request of any person, the cabinet shall provide information regarding the 23
denial, revocation, suspension, or violation of any type of child -care center license 24
of the operat or. Identifying information regarding children and their families shall 25
remain confidential. 26
(11) The cabinet shall provide, upon request, public information regarding the 27
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inspections of and the plans of correction for the child -care center within the past 1
year. All information distributed by the cabinet under this subsection shall include a 2
statement indicating that the reports as provided under this subsection from the past 3
five (5) years are available from the child -care center upon the parent's, custodi an's, 4
guardian's, or other interested person's request. 5
(12) All fees collected under the provisions of KRS 199.892 to 199.896 for license and 6
certification applications shall be paid into the State Treasury and credited to a 7
special fund for the purpose of administering KRS 199.892 to 199.896 including the 8
payment of expenses of and to the participants in child -care workshops. The funds 9
collected are hereby appropriated for the use of the cabinet. The balance of the 10
special fund shall lapse to the general fund at the end of each biennium. 11
(13) Any advertisement for child -care services shall include the address of where the 12
service is being provided. 13
(14) All inspections of licensed and unlicensed child -care centers by the Cabinet for 14
Health and Family Services shall be unannounced. 15
(15) All employees and owners of a child -care center who provide care to children shall 16
demonstrate within the first three (3) months of employment completion of at least 17
a total of six (6) hours of orientation in the following areas: 18
(a) Basic health, safety, and sanitation; 19
(b) Recognizing and reporting child abuse; and 20
(c) Developmentally appropriate child-care practice. 21
(16) All employees and owners of a child -care center who provide care to children shall 22
annually demonstrate to the department completion of at least six (6) hours of 23
training in child development. These hours shall include but are not limited to: 24
(a) One and o ne-half (1.5) hours one (1) time every five (5) years of continuing 25
education in the recognition and prevention of pediatric abusive head trauma, 26
as defined in KRS 620.020. Training in recognizing pediatric abusive head 27
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trauma may be designed in collaborat ion with organizations and agencies that 1
specialize in the prevention and recognition of pediatric head trauma approved 2
by the secretary of the Cabinet for Health and Family Services; and 3
(b) One (1) hour one (1) time every three (3) years of continuing ed ucation in 4
the recognition and prevention of pediatric ingestion or inhalation of 5
controlled substances. 6
The continuing education [one and one -half (1.5) hours] required under this 7
subsection[section] shall be included in the current number of required con tinuing 8
education hours. 9
(17) The Cabinet for Health and Family Services shall make available either through the 10
development or approval of a model training curriculum and training materials, 11
including video instructional materials, to cover the areas spec ified in subsection 12
(15) of this section. The cabinet shall develop or approve the model training 13
curriculum and training materials to cover the areas specified in subsection (15) of 14
this section. 15
(18) Child-care centers licensed pursuant to this section a nd family child -care homes 16
certified pursuant to KRS 199.8982 shall not use corporal physical discipline, 17
including the use of spanking, shaking, or paddling, as a means of punishment, 18
discipline, behavior modification, or for any other reason. For the pur poses of this 19
section, "corporal physical discipline" means the deliberate infliction of physical 20
pain and does not include spontaneous physical contact that is intended to protect a 21
child from immediate danger. 22
(19) Child-care centers that provide instruc tional and educational programs for 23
preschool-aged children that operate for a maximum of twenty (20) hours per week 24
and that a child attends for no more than fifteen (15) hours per week shall: 25
(a) Notify the cabinet in writing that the center is operating; 26
(b) Meet all child -care center licensure requirements and administrative 27
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regulations related to employee background checks; 1
(c) Meet all child -care center licensure requirements and administrative 2
regulations related to tuberculosis screenings; and 3
(d) Be exempt from all other child -care center licensure requirements and 4
administrative regulations. 5
(20) Child-care centers that provide instructional and educational programs for 6
preschool-aged children that operate for a maximum of twenty (20) hours per wee k 7
and that a child attends for no more than ten (10) hours per week shall be exempt 8
from all child-care licensure requirements and administrative regulations. 9
(21) Instructional programs for school -age children that offer, whether free or for a fee, 10
recreational, educational, sports training, or vacation programs that include but are 11
not limited to martial arts and dance programs to children under eighteen (18) years 12
of age, that a child attends outside the presence of his or her parent or legal 13
guardian, shall be exempt from all child -care licensure administrative regulations if 14
the following criteria are met: 15
(a) The program provides primary instruction in a skill, talent, ability, expertise, 16
or proficiency; 17
(b) The program operates outside the time period when school is in session, 18
including before or after school hours, holidays, school breaks, teaching 19
planning days, or summer vacation; 20
(c) The program does not advertise or otherwise represent that the program is a 21
licensed child-care center or that the program offers child-care services; 22
(d) The program informs the parent or guardian: 23
1. That the program is not licensed by the cabinet; and 24
2. About the physical risks a child may face while participating in the 25
program; and 26
(e) The program conducts the fo llowing background checks for all program 27
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employees and volunteers who work with children: 1
1. Check of the child abuse and neglect records maintained by the cabinet; 2
and 3
2. In-state criminal background information check from the Justice and 4
Public Safety Cabinet or Administrative Office of the Courts. 5
(22) Directors and employees of child -care centers in a position that involves 6
supervisory or disciplinary power over a minor, or direct contact with a minor, shall 7
submit to a criminal record check in accordance with KRS 199.8965. 8
(23) A director or employee of a child -care center may be employed on a probationary 9
status pending receipt of the criminal background check. Application for the 10
criminal record of a probationary employee shall be made no later than the date 11
probationary employment begins. 12
(24) The cabinet shall promulgate administrative regulations to identify emergency care 13
providers who provide essential child -care services during an identified state of 14
emergency. 15
(25) Notwithstanding any state law, administrative regulation, executive order, or 16
executive directive to the contrary, during the 2020 or 2021 state of emergency 17
declared by the Governor in response to COVID -19, including but not limited to 18
any mutated strain of the COVID -19 virus, the cabinet shall not establish any 19
restrictions on capacity for class or group size or the ability to combine classes and 20
groups for capacity limits in the morning or afternoon that is below the number that 21
was in effect on February 1, 2020. 22
Section 19. KRS 199.8982 is amended to read as follows: 23
(1) (a) The cabinet shall establish a family child -care home certification program 24
which shall be administered by the department. A family child -care provider 25
shall apply for certification of the provider's home if the provider is caring for 26
four (4) to six (6) children unrelated to the provider. A family child -care 27
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provider caring for three (3) or fewer children may apply for certification of 1
the provider' s home at the discretion of the provider. Applicants for 2
certification shall not have been found by the cabinet or a court to have 3
abused or neglected a child, and shall meet the following minimum 4
requirements: 5
1. Submit two (2) written character references; 6
2. Provide a written statement from a physician or advanced practice 7
registered nurse that the applicant is in good health; 8
3. Submit to a criminal record check in accordance with KRS 199.8965; 9
4. Provide smoke detectors, a telephone, an adequate water supply, 10
sufficient lighting and space, and a safe environment in the residence in 11
which care is provided; 12
5. Provide a copy of the results of a tuberculosis risk assessment and the 13
results of any appropriate follow -up with skin testing or chest X -ray for 14
applicants who are determined to be at risk for developing tuberculosis 15
in accordance with the recommendations of the Centers for Disease 16
Control and Prevention within thirty (30) days of the date of application 17
for certification; and 18
6. Demonstrate completion of a total of at least six (6) hours of training in 19
the following areas within three (3) months of application for 20
certification: 21
a. Basic health, safety, and sanitation; 22
b. Recognizing and reporting child abuse; and 23
c. Developmentally appropriate child-care practice. 24
(b) Initial applications for certification shall be made to the department. The 25
cabinet may promulgate administrative regulations to establish fees that shall 26
not exceed costs of the program to the cabinet, for proper administration of 27
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the certification. The department shall issue a certificate of operation upon 1
inspecting the family child -care home and determining the provider's 2
compliance with the provisions of this section. The inspection shall be 3
unannounced. A certificate of operation issued pursuant to this section shall 4
not be transferable and shall be renewed every two (2) years for a fee that 5
shall not exceed costs of the program to the cabinet for renewal. 6
(c) A certified family child-care provider shall display the certificate of operation 7
in a prominent place within the residence in which care is provided. The 8
cabinet shall provide the certified family child -care provider with written 9
information explaining the requirements for a family day -care provider and 10
instructions on the me thod of reporting violations of the requirements which 11
the provider shall distribute to parents. 12
(d) Upon request of any person, the cabinet shall provide information regarding 13
the denial, revocation, suspension, or violation of any type of day -care license 14
of the family child -care provider. Identifying information regarding children 15
and their families shall remain confidential. 16
(e) The cabinet shall provide, upon request, public information regarding the 17
inspections of and the plans of correction for the f amily child -care home 18
within the past year. All information distributed by the cabinet under this 19
paragraph shall include a statement indicating that the reports as provided 20
under this paragraph from the past five (5) years are available from the family 21
child-care home upon the parent's, custodian's, guardian's, or other interested 22
person's request. 23
(f) The cabinet shall promulgate administrative regulations in accordance with 24
KRS Chapter 13A which establish standards for the issuance, monitoring, 25
release o f information under this section and KRS 199.896 and 199.898, 26
renewal, denial, revocation, and suspension of a certificate of operation for a 27
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family child-care home and establish criteria for the denial of certification if 1
criminal records indicate convict ions that may impact the safety and security 2
of children in care. A denial, suspension, or revocation of a certificate may be 3
appealed, and upon appeal an administrative hearing shall be conducted in 4
accordance with KRS Chapter 13B. If the cabinet has prob able cause to 5
believe that there is an immediate threat to the public health, safety, or 6
welfare, the cabinet may take emergency action to suspend a certificate 7
pursuant to KRS 13B.125. The cabinet shall promulgate administrative 8
regulations to impose mini mum staff -to-child ratios. The cabinet may 9
promulgate administrative regulations relating to other requirements 10
necessary to ensure minimum safety in family child -care homes. The cabinet 11
shall develop and provide an ["]easy-to-read["] guide containing the following 12
information to a family child -care provider seeking certification of his or her 13
home: 14
1. Certification requirements and procedures; 15
2. Information about available child-care training; and 16
3. Child-care food sponsoring organizations. 17
(2) Family ch ild-care providers shall annually demonstrate to the department 18
completion of at least six (6) hours of training in child development. These hours 19
shall include but are not limited to: 20
(a) One and one -half (1.5) hours one (1) time every five (5) years of c ontinuing 21
education in the recognition and prevention of pediatric abusive head trauma, 22
as defined in KRS 620.020. Training in recognizing pediatric abusive head 23
trauma may be designed in collaboration with organizations and agencies that 24
specialize in the prevention and recognition of pediatric abusive head trauma 25
approved by the secretary of the Cabinet for Health and Family Services; and 26
(b) One (1) hour one (1) time every three (3) years of continuing education in 27
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the recognition and prevention of pedia tric ingestion or inhalation of 1
controlled substances. 2
The [one and one -half (1.5) hours of ] continuing education required under this 3
subsection[section] shall be included in the current number of required continuing 4
education hours. 5
(3) The cabinet shall, either through the development of or approval of, make available 6
a model training curriculum and training materials, including video instructional 7
materials, to cover the areas specified in subsection (1)(a)6. of this section. The 8
cabinet shall develop o r approve the model training curriculum and training 9
materials to cover the areas specified in subsection (1)(a)6. of this section. 10
(4) (a) As used in this subsection "local government" means a city, county, charter 11
county, urban-county government, consolidated local government, or unified 12
local government. 13
(b) The provisions of this section shall supersede all local government ordinances 14
or r egulations pertaining to the certification, licensure, and training 15
requirements related to the operation of family child -care homes and a[no] 16
local government shall not adopt or enforce any additional licensure, 17
certification, or training requirements spe cifically applicable to family child -18
care homes in addition to those provided in this section. This subsection shall 19
not be interpreted or construed to exempt family child -care homes from 20
compliance with local government ordinances and regulations that app ly 21
generally within the jurisdiction. 22
(c) Because the availability of adequate child-care as an essential business is vital 23
to the Commonwealth's state and local economies, [ by January 1, 2022,] a 24
local government that has adopted land use regulations purs uant to KRS 25
Chapter 100 shall specifically name family child -care homes in the text of its 26
zoning regulations to authorize the board of adjustments to separately 27
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consider the applications of proposed family child -care homes for conditional 1
use permits with in the residential zones of the planning unit where they are 2
not a fully permitted use pursuant to KRS 100.237. 3
Section 20. KRS 216B.405 is amended to read as follows: 4
(1) As used in this section, "urgent treatment facility" or "urgent care facility" means a 5
facility that delivers medically necessary ambulatory medical care apart from a 6
hospital emergency department setting usually on a walk-in basis. 7
(2) All urgent treatment or urgent care facilities shall make available at least: 8
(a) One (1) time every two (2) years a continuing education course relating to the 9
recognition and prevention of pediatric abusive head trauma, as defined in 10
KRS 620.020. Training in recognizing pe diatric abusive head trauma may be 11
designed in collaboration with organizations and agencies that specialize in 12
the prevention and recognition of pediatric abusive head trauma approved by 13
the secretary of the Cabinet for Health and Family Services; and 14
(b) One (1) hour one (1) time every three (3) years of continuing education in 15
the recognition and prevention of pediatric ingestion or inhalation of 16
controlled substances. 17
Section 21. KRS 218A.205 is amended to read as follows: 18
(1) As used in this section: 19
(a) "Reporting agency" includes: 20
1. The Department of Kentucky State Police; 21
2. The Office of the Attorney General; 22
3. The Cabinet for Health and Family Services; and 23
4. The applicable state licensing board; and 24
(b) "State licensing board" means: 25
1. The Kentucky Board of Medical Licensure; 26
2. The Kentucky Board of Nursing; 27
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3. The Kentucky Board of Dentistry; 1
4. The Kentucky Board of Optometric Examiners; 2
5. The State Board of Podiatry; and 3
6. Any other board that licenses or regulates a person who is entitled to 4
prescribe or dispense controlled substances to humans. 5
(2) (a) When a reporting agency or a law enforcement agency receives a report of 6
improper, inappropriate, or illegal prescribing or dispensing of a controlled 7
substance it may, to the extent otherwise allowed by law, send a copy of the 8
report within three (3) business days to every other reporting agency. 9
(b) A county attorney or Commonwealth's attorney shall notify the Office of the 10
Attorney General and the appr opriate state licensing board within three (3) 11
business days of an indictment or a waiver of indictment becoming public in 12
his or her jurisdiction charging a licensed person with a felony offense 13
relating to the manufacture of, trafficking in, prescribing, dispensing, or 14
possession of a controlled substance. 15
(3) Each state licensing board shall, in consultation with the Kentucky Office of Drug 16
Control Policy, establish the following by administrative regulation for those 17
licensees authorized to prescribe or dispense controlled substances: 18
(a) Mandatory prescribing and dispensing standards related to controlled 19
substances, the requirements of which shall include the diagnostic, treatment, 20
review, and other protocols and standards established for Schedule II 21
controlled substances and Schedule III controlled substances containing 22
hydrocodone under KRS 218A.172 and which may include the exemptions 23
authorized by KRS 218A.172(4); 24
(b) In accord with the CDC Guideline for Prescribing Opioids for Chronic Pain 25
published in 2016, a prohibition on a practit ioner issuing a prescription for a 26
Schedule II controlled substance for more than a three (3) day supply of a 27
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Schedule II controlled substance if the prescription is intended to treat pain as 1
an acute medical condition, with the following exceptions: 2
1. The practitioner, in his or her professional judgment, believes that more 3
than a three (3) day supply of a Schedule II controlled substance is 4
medically necessary to treat the patient's pain as an acute medical 5
condition and the practitioner adequately docum ents the acute medical 6
condition and lack of alternative treatment options which justifies 7
deviation from the three (3) day supply limit established in this 8
subsection in the patient's medical records; 9
2. The prescription for a Schedule II controlled subst ance is prescribed to 10
treat chronic pain; 11
3. The prescription for a Schedule II controlled substance is prescribed to 12
treat pain associated with a valid cancer diagnosis; 13
4. The prescription for a Schedule II controlled substance is prescribed to 14
treat pain while the patient is receiving hospice or end -of-life treatment 15
or is receiving care from a certified community based palliative care 16
program; 17
5. The prescription for a Schedule II controlled substance is prescribed as 18
part of a narcotic treatment progra m licensed by the Cabinet for Health 19
and Family Services; 20
6. The prescription for a Schedule II controlled substance is prescribed to 21
treat pain following a major surgery or the treatment of significant 22
trauma, as defined by the state licensing board in co nsultation with the 23
Kentucky Office of Drug Control Policy; 24
7. The Schedule II controlled substance is dispensed or administered 25
directly to an ultimate user in an inpatient setting; or 26
8. Any additional treatment scenario deemed medically necessary by the 27
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state licensing board in consultation with the Kentucky Office of Drug 1
Control Policy. 2
Nothing in this paragraph shall authorize a state licensing board to promulgate 3
regulations which expand any practitioner's prescriptive authority beyond that 4
which existed prior to June 29, 2017; 5
(c) A prohibition on a practitioner dispensing greater than a forty -eight (48) hour 6
supply of any Schedule II controlled substance or a Schedule III controlled 7
substance containing hydrocodone unless the dispensing is done as part of a 8
narcotic treatment program licensed by the Cabinet for Health and Family 9
Services; 10
(d) A procedure for temporarily suspending, limiting, or restricting a license held 11
by a named licensee where a substantial likelihood exists to believe that the 12
continued unrestricted practice by the named licensee would constitute a 13
danger to the health, welfare, or safety of the licensee's patients or of the 14
general public; 15
(e) A procedure for the expedited review of complaints filed against their 16
licensees perta ining to the improper, inappropriate, or illegal prescribing or 17
dispensing of controlled substances that is designed to commence an 18
investigation within seven (7) days of a complaint being filed and produce a 19
charging decision by the board on the complaint within one hundred twenty 20
(120) days of the receipt of the complaint, unless an extension for a definite 21
period of time is requested by a law enforcement agency due to an ongoing 22
criminal investigation; 23
(f) The establishment and enforcement of licensure s tandards that conform to the 24
following: 25
1. A permanent ban on licensees and applicants convicted after July 20, 26
2012, in this state or any other state of any felony offense relating to 27
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controlled substances from prescribing or dispensing a controlled 1
substance; 2
2. Restrictions short of a permanent ban on licensees and applicants 3
convicted in this state or any other state of any misdemeanor offense 4
relating to prescribing or dispensing a controlled substance; 5
3. Restrictions mirroring in time and scope any d isciplinary limitation 6
placed on a licensee or applicant by a licensing board of another state if 7
the disciplinary action results from improper, inappropriate, or illegal 8
prescribing or dispensing of controlled substances; and 9
4. A requirement that license es and applicants report to the board any 10
conviction or disciplinary action covered by this subsection with 11
appropriate sanctions for any failure to make this required report; 12
(g) A procedure for the continuous submission of all disciplinary and other 13
reportable information to the National Practitioner Data Bank of the United 14
States Department of Health and Human Services; 15
(h) If not otherwise required by other law, a process for submitting a query on 16
each applicant for licensure to the National Practitione r Data Bank of the 17
United States Department of Health and Human Services to retrieve any 18
relevant data on the applicant; and 19
(i) Continuing education requirements [beginning with the first full educational 20
year occurring after July 1, 2012, ] that specify that at least seven and one-half 21
percent (7.5%) of the continuing education required of the licensed 22
practitioner relate to the use of the electronic monitoring system established in 23
KRS 218A.202, pain management, [or ] addiction disorders , or pediatric 24
ingestion or inhalation of controlled substances and include one (1) hour 25
on the recognition and prevention of pediatric ingestion or inhalation of 26
controlled substances. 27
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(4) For the purposes of pharmacy dispensing, the medical necessity for a Schedule II 1
controlled substance as documented by the practitioner in the patient's medical 2
record and the prescription for more than a three (3) day supply of that controlled 3
substance are presumed to be valid. 4
(5) A state licensing board shall employ or obtain the servi ces of a specialist in the 5
treatment of pain and a specialist in drug addiction to evaluate information received 6
regarding a licensee's prescribing or dispensing practices related to controlled 7
substances if the board or its staff does not possess such expertise, to ascertain if the 8
licensee under investigation is engaging in improper, inappropriate, or illegal 9
practices. 10
(6) Any statute to the contrary notwithstanding, no state licensing board shall require 11
that a grievance or complaint against a licensee relating to controlled substances be 12
sworn to or notarized, but the grievance or complaint shall identify the name and 13
address of the grievant or complainant, unless the board by administrative 14
regulation authorizes the filing of anonymous complaints. Any such authorizing 15
administrative regulation shall require that an anonymous complaint or grievance be 16
accompanied by sufficient corroborating evidence as would allow the board to 17
believe, based upon a totality of the circumstances, that a reasonable probabi lity 18
exists that the complaint or grievance is meritorious. 19
(7) Every state licensing board shall cooperate to the maximum extent permitted by law 20
with all state, local, and federal law enforcement agencies, and all professional 21
licensing boards and agenci es, state and federal, in the United States or its 22
territories in the coordination of actions to deter the improper, inappropriate, or 23
illegal prescribing or dispensing of a controlled substance. 24
(8) Each state licensing board shall require a fingerprint -supported criminal record 25
check by the Department of Kentucky State Police and the Federal Bureau of 26
Investigation of any applicant for initial licensure to practice any profession 27
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authorized to prescribe or dispense controlled substances. 1
Section 22. KRS 311.844 is amended to read as follows: 2
(1) To be licensed by the board as a physician assistant, an applicant shall: 3
(a) Submit a completed application form with the required fee; 4
(b) Be of good character and reputation; 5
(c) Be a graduate of an approved program; and 6
(d) Have passed an examination approved by the board within three (3) attempts. 7
(2) A physician assistant who is authorized to practice in another state and who is in 8
good standing may apply for licensu re by endorsement from the state of his or her 9
credentialing if that state has standards substantially equivalent to those of this 10
Commonwealth. 11
(3) A physician assistant's license shall be valid for two (2) years and shall be renewed 12
by the board upon fulfillment of the following requirements: 13
(a) The holder shall be of good character and reputation; 14
(b) The holder shall provide evidence of completion, during the previous two (2) 15
years, of a minimum of one hundred (100) hours of continuing education 16
approved by the American Medical Association, the American Osteopathic 17
Association, the American Academy of Family Physicians, the American 18
Academy of Physician Assistants, or by another entity approved by the board. 19
The one hundred (100) hours of continuing edu cation required by this 20
paragraph shall include: 21
1. During the first two (2) years of licensure or prior to the first licensure 22
renewal: 23
a. One and one -half (1.5) hours of continuing education in the 24
prevention and recognition of pediatric abusive head tra uma, as 25
defined in KRS 620.020, except that graduating physician assistant 26
students may apply pediatric abusive head trauma curriculum 27
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taught in their physician assistant graduate education to count 1
towards the required one and one-half (1.5) hours; and 2
b. As a part of the continuing education requirements that the board 3
adopts to ensure continuing competency of present and future 4
licensees and the evolving needs of the growing senior population, 5
the board shall ensure physician assistants licensed under KR S 6
Chapter 311 complete a one (1) time course of one (1) hour of 7
continuing education approved by the board. The course shall be 8
completed one (1) time and count towards the current number of 9
required continuing education hours, except that graduating 10
student physician assistants may submit Alzheimer's and other 11
forms of dementia course curriculum taught in their programs of 12
study towards the required one (1) hour for approval. The course 13
topics shall include but not be limited to: 14
i. The warning signs and symptoms of Alzheimer's disease and 15
other forms of dementia; 16
ii. The importance of early detection, diagnosis, and appropriate 17
communication techniques for discussion of memory 18
concerns with the patient and his or her caregiver; 19
iii. Cognitive assessment and care planning billing codes; 20
iv. The variety of tools used to assess a patient's cognition; and 21
v. Current treatments that may be available to the patient;[ and] 22
2. If the license holder is authorized, pursuant to KRS 311.858(5), to 23
prescribe and administer Schedule III, IV, or V controlled substances, a 24
minimum of seven and one -half (7.5) hours of approved continuing 25
education relating to controlled substance diversion, pain management, 26
addiction disorders, use of the electronic system for monitoring 27
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controlled substances established in KRS 218A.202, or any combination 1
of two (2) or more of these subjects; and 2
3. At least one (1) hour one (1) time every three (3) years continuing 3
education in the recognition and prevention of pediatric ingestion or 4
inhalation of controlled substances; and 5
(c) The holder shall provide proof of current certification with the National 6
Commission on Certification of Physician Assistants. 7
Section 23. KRS 311A.120 is amended to read as follows: 8
(1) As a condition of being issued a certificate or license as an emergency medical 9
technician, advanced emergency medical technician, emergency medical responder, 10
or paramedic, the applicant shall have completed a Kentucky Board of Emergency 11
Medical Ser vices-approved educational course on the transmission, control, 12
treatment, and prevention of the human immunodeficiency virus and acquired 13
immunodeficiency syndrome with an emphasis on appropriate behavior and attitude 14
change. 15
(2) The board shall promulgat e administrative regulations to require continuing 16
education for emergency medical technicians, advanced emergency medical 17
technicians, emergency medical responders, or paramedics that includes the 18
completion of: 19
(a) One (1) hour of board -approved continui ng education covering the 20
recognition and prevention of pediatric abusive head trauma, as defined in 21
KRS 620.020, at least one (1) time every two (2) year renewal cycle; and 22
(b) One (1) hour one (1) time every three (3) years continuing education of 23
board-approved continuing education covering the recognition and 24
prevention of pediatric ingestion or inhalation of controlled substances. 25
The continuing education [one (1) hour] required under this subsection[section] 26
shall be included in the current number of required continuing education hours. 27
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(3) The board shall promulgate administrative regulations to require continuing 1
education for emergency medical technicians or first responde rs which includes the 2
completion of a training course of at least one (1) hour covering awareness of 3
sexual violence, including reporting options, care options, pre -hospital treatment 4
considerations, knowledge of regional rape crisis centers, and how to ac cess the 5
SANE-ready list, at least one (1) time every two (2) year renewal cycle. The one (1) 6
hour of continuing education required under this subsection shall be included in the 7
current number of required continuing education hours. 8
Section 24. KRS 314.073 is amended to read as follows: 9
(1) As a prerequisite for license renewal, all individuals licensed under provisions of 10
this chapter shall be required to document continuing competency during the 11
immediate past licensur e period as prescribed in regulations promulgated by the 12
board. 13
(2) The continuing competency requirement shall be documented and reported as set 14
forth by the board in administrative regulations promulgated in accordance with 15
KRS Chapter 13A. 16
(3) The board shall approve providers of continuing education. The approval may 17
include recognition of providers approved by national organizations and state 18
boards of nursing with comparable standards. Standards for these approvals shall be 19
set by the board in adminis trative regulations promulgated in accordance with the 20
provisions of KRS Chapter 13A. 21
(4) The board shall work cooperatively with professional nursing organizations, 22
approved nursing schools, and other potential sources of continuing education 23
programs to ensure that adequate continuing education offerings are available 24
statewide. The board may enter into contractual agreements to implement the 25
provisions of this section. 26
(5) The board shall be responsible for notifying applicants for licensure and licensee s 27
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applying for license renewal, of continuing competency requirements. 1
(6) As a part of the continuing education requirements that the board adopts to ensure 2
continuing competency of present and future licensees, the board shall ensure 3
practitioners licensed under KRS Chapter 314 complete: 4
(a) A one-time training course of at least one and one -half (1.5) hours covering 5
the recognition and prevention of pediatric abusive head trauma, as defined in 6
KRS 620.020; and 7
(b) One (1) hour one (1) time every three (3) years covering the recognition and 8
prevention of pediatric ingestion or inhalation of controlled substances. 9
The continuing education [one and one -half (1.5) hours] required under this 10
subsection[section] shall be included in the current number of required continuing 11
education hours. 12
(7) As a part of the continuing education requirements that the board adopts to ensure 13
continuing competency of present and future licensees and the evolving needs of 14
the growing senior population, the board shall ensure practitioners licensed under 15
KRS Chapter 314 complete a one (1) time course of one (1) hour of continuing 16
education approved by the board. The course shall be completed one (1) time and 17
count towards the curren t number of required continuing education hours, except 18
that graduating student practitioners may submit Alzheimer's and other forms of 19
dementia course curriculum taught in their programs of study towards the required 20
one (1) hour for approval. The course topics shall include but not be limited to: 21
(a) The warning signs and symptoms of Alzheimer's disease and other forms of 22
dementia; 23
(b) The importance of early detection, diagnosis, and appropriate communication 24
techniques for discussion of memory concerns with the patient and his or her 25
caregiver; 26
(c) Cognitive assessment and care planning billing codes; 27
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(d) The variety of tools used to assess a patient's cognition; and 1
(e) Current treatments that may be available to the patient. 2
(8) In order to offset admi nistrative costs incurred in the implementation of the 3
mandatory continuing competency requirements, the board may charge reasonable 4
fees as established by regulation in accordance with the provisions of KRS Chapter 5
13A. 6
(9) The continuing competency requi rements shall include at least five (5) contact 7
hours in pharmacology continuing education for any person licensed as an 8
advanced practice registered nurse. 9
Section 25. KRS 335.130 is amended to read as follows: 10
(1) Each certified social worker, licensed social worker and licensed clinical social 11
worker shall renew his or her license every three (3) years, and shall pay the board 12
a renewal fee as established by the board by promulgation of an administrative 13
regulation. 14
(2) Licensees whose licenses are renewed by the board shall be issued a renewal 15
license. 16
(3) Renewal fees shall be waived for any licensee actually serving in the Armed Forces 17
of the United States. The waiver shall be effective for six (6) months following 18
honorable discharge, separation, or release from the Armed Forces, after which 19
period a license shall be considered lapsed. 20
(4) The board may, at its discretion, require continuing education as a condition of 21
license renewal. 22
(5) If the board requires conti nuing education as authorized in subsection (4), the 23
continuing education requirements for each licensed social worker and each 24
licensed clinical social worker shall include: 25
(a) One and one -half (1.5) hours of continuing education approved by the board 26
and covering the recognition and prevention of pediatric abusive head trauma, 27
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as defined in KRS 620.020, at least one (1) time every six (6) years; and 1
(b) One (1) hour one (1) time every three (3) years of continuing education 2
approved by the board and covering the recognition and prevention of 3
pediatric ingestion or inhalation of controlled substances. 4
The [one and one -half (1.5) hours of ] continuing educa tion required under this 5
subsection[section] shall be included in the current number of required continuing 6
education hours. 7
Section 26. KRS 216B.305 is amended to read as follows: 8
(1) A[No] person, association, business entity, or organization shall not advertise, 9
solicit boarders, or operate a boarding home without registering, on an annual basis, 10
in a manner and form prescribed by the secretary. A[No] person who has been 11
convicted of a crime of abuse or neglect under KRS 508.100 to 508.120 or who has 12
had a report of abuse substantiated by the cabinet shall not be registered to operate 13
a boarding home. The secretary shall impose a fee, not to exceed one hundred 14
dollars ($100), for this registration. 15
(2) The secretary sha ll adopt standards, by administrative regulation pursuant to KRS 16
Chapter 13A, for the operation of boarding homes. The administrative regulations 17
shall include minimum requirements in the following areas: 18
(a) Minimum room sizes for rooms occupied for sleep ing purposes. Rooms 19
occupied by one (1) boarding home resident shall contain at least sixty (60) 20
square feet of floor space. Rooms occupied by more than one (1) occupant 21
shall contain at least forty (40) square feet of floor space for each occupant; 22
(b) Bedding, linens, and laundry services provided to residents; 23
(c) Sanitary and plumbing fixtures, water supply, sewage disposal, and sanitation 24
of the premises; 25
(d) Heating, lighting, and fire prevention, including the installation and 26
maintenance of smoke detectors; 27
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(e) Maintenance of the building; 1
(f) Food handling, preparation, and storage, and kitchen sanitation; 2
(g) Nutritional standards sufficient to meet the boarder's need; 3
(h) Complaint procedures whereby residents may lodge complaints with the 4
cabinet concerning the operation of the boarding home; and 5
(i) Initial and periodic screening procedures to ensure that individuals meet the 6
definition of "boarder" under KRS 216B.300(3). 7
(3) Prior to the initial or annual registration of a boarding home, the cab inet shall cause 8
an unannounced inspection to be made of the boarding home, either by cabinet 9
personnel or through the local health department acting on behalf of the cabinet, to 10
determine if the boarding home is in compliance with: 11
(a) Standards established in subsections (1) and (2) of this section; 12
(b) Administrative regulations relating to the operation of boarding homes 13
promulgated pursuant to subsection (2) of this section; and 14
(c) All applicable local health, fire, building, and safety codes and zoni ng 15
ordinances. 16
(4) (a) A boarding home shall not be registered to any person, association, business 17
entity, or organization that has been previously penalized for operating a 18
boarding home without a registration or that has had a previously denied or 19
revoked registration to operate a boarding home, for a period of five (5) years 20
following the date of imposition of the previous penalty or denial or 21
revocation of registration. 22
(b) A boarding home operator may appeal the cabinet's denial of initial or annual 23
registration, and an administrative hearing shall be conducted in accordance 24
with KRS Chapter 13B. A hearing held for a summary suspension shall be 25
expedited and shall be in accordance with administrative regulations 26
promulgated by the cabinet. If a boardin g home continues to operate in 27
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violation of administrative regulations promulgated pursuant to subsection (2) 1
of this section, the cabinet shall institute injunctive proceedings in Circuit 2
Court to terminate the operation of the boarding home. 3
(5) Any person, association, business entity, or organization that submits an application 4
to register a boarding home that conceals a previously denied or revoked 5
application or conceals a penalty received for operating a boarding home without a 6
registration shall be liable for a civil penalty of at least one thousand dollars 7
($1,000) but not more than five thousand dollars ($5,000). Any registration issued 8
in reliance upon the application concealing information shall be immediately 9
revoked. 10
(6) Initial and annual regi stration may be denied and existing registration may be 11
revoked for any of the following: 12
(a) The boarding home fails to achieve or maintain substantial and continuing 13
compliance with administrative regulations promulgated pursuant to 14
subsection (2) of this section; 15
(b) The boarding home fails or refuses to correct violations within a reasonable 16
time as specified by the cabinet; or 17
(c) The applicant for registration or the registrant has been convicted of a crime 18
related to abuse, neglect, or exploitation o f an adult or has had an incident of 19
adult abuse, neglect, or exploitation as defined in KRS 209.020, substantiated 20
by the cabinet. 21
(7) Employees or designated agents of the cabinet shall have the authority to enter at 22
any time a boarding home or any premi ses suspected of operating as an 23
unregistered boarding home for the purpose of conducting an inspection or 24
investigating a complaint. 25
(8) A boarding home shall not handle, store, dispense, or assist with the dispensing of a 26
boarder's prescription or non-prescription medications. 27
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(9) Upon request of the boarder, the boarding home shall provide access to a lockable 1
compartment for use by a res ident who requests secure storage for prescription 2
medication. 3
(10) If a boarding home fails to meet a minimum standard established in subsection (2) 4
or (3) of this section and is in such a condition that the cabinet determines that the 5
boarding home's con tinued operation poses a significant risk to the health and 6
safety of its residents, the cabinet may summarily suspend the registration of the 7
boarding home by ordering that its operations cease until corrections are made or 8
until a hearing is held on the appropriateness of the suspension. 9
(11) Nothing in this section or KRS 216B.303 shall be construed to prohibit local 10
governments from imposing requirements on boarding homes that are stricter than 11
those imposed by administrative regulations of the Cabinet for Health and Family 12
Services. 13
Section 27. KRS 439.3401 is amended to read as follows: 14
(1) As used in this section, "violent offender" means any person who has been 15
convicted of or pled guilty to the: 16
(a) Commission or attempted commission of: 17
1. A capital offense; 18
2. A Class A felony; or 19
3. A felony sexual offense described in KRS Chapter 510; or 20
(b) Commission of: 21
1. A felony involving the death of the victim or serious physical injury to a 22
victim; 23
2. Use of a minor in a sexual performance as described in KRS 531.310; 24
3. Promoting a sexual performance by a minor as described in KRS 25
531.320; 26
4. Unlawful transaction with a minor in the first degree as described in 27
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KRS 530.064(1)(a); 1
5. Human trafficking under KRS 529.100 involving commercial sexual 2
activity where the victim is a minor; 3
6. Criminal abuse or neglect in the first degree as described in KRS 4
508.100; 5
7. Burglary in the first degree accompanied by the commission or 6
attempted commission of an assault as described in KRS 508.010, 7
508.020, 508.032, or 508.060; 8
8. Burglary in the first degree accompanied by commission or attempted 9
commission of kidnapping as described in KRS 509.040; 10
9. Burglary in the first degree as described in KRS 511.020, if a person 11
other than a participant in the crime was present in the building during 12
the commission of the offense; 13
10. Robbery in the first degree as described in KRS 515.020; 14
11. Robbery in the second degree as described in KRS 515.030; 15
12. Incest as described in KRS 530.020(2)(b) or (c); 16
13. Arson in the first degree as described in KRS 513.020; 17
14. Strangulation in the first degree as described in KRS 508.170; 18
15. Carjacking as described in KRS 515.040; 19
16. A Class C felony violation of promoting contraband in the first degree 20
as described in KRS 520.050; or 21
17. Wanton endangerment in the first degree as described in KRS 508.060 22
involving the discharge of a firearm. 23
(2) The court shall designate in its judgment if: 24
(a) The victim suffered death or serious physical injury; and 25
(b) A person other than a participant in the crime was present in the building 26
during the commission of burglary in the first degree. 27
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(3) A violent offender who has been convicted of a ca pital offense and who has 1
received a life sentence and has not been sentenced to twenty -five (25) years 2
without parole or imprisonment for life without benefit of probation or parole, or a 3
Class A felony and receives a life sentence, or to death and his or her sentence is 4
commuted to a life sentence shall not be released on probation or parole until he or 5
she has served at least twenty (20) years in the penitentiary. Violent offenders may 6
have a greater minimum parole eligibility date than other offenders w ho receive 7
longer sentences, including a sentence of life imprisonment. 8
(4) A violent offender with a sentence of a term of years shall not be released on 9
probation, shock probation, parole, conditional discharge, or other form of early 10
release until he or she has served at least eighty -five percent (85%) of the sentence 11
imposed. 12
(5) A violent offender shall only be awarded credit on his or her sentence authorized by 13
KRS 197.045(1)(a)1. 14
(6) This section shall not apply to a person who has been determined by a court to have 15
been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard 16
to the offenses involving the death of the victim or serious physical injury to the 17
victim. The provisions of this subsection shall not extend to rape in the f irst degree 18
or sodomy in the first degree by the defendant. 19
(7) This section shall apply only to those persons who commit offenses after July 15, 20
1998. 21
(8) For offenses committed prior to July 15, 1998, the version of this statute in effect 22
immediately prior to that date shall continue to apply. 23
(9) The provisions of subsection (1) of this section extending the definition of "violent 24
offender" to persons convicted of or pleading guilty to robbery in the first degree 25
shall apply only to persons whose crime was committed after July 15, 2002. 26
Section 28. KRS 507.010 is amended to read as follows: 27
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As used in this chapter: 1
(1) "Abuse or neglect" has the same meaning as in KRS 508.090; 2
(2) "Criminal homicide" means that a person is guilty of causing the death of another 3
human being under circumstances which constitute murder, manslaughter in the 4
first degree, manslaughter in the second degree, or reckless homicide; and 5
(3) "Physically helpless" and "mentally helpless" have the sa me meaning as in KRS 6
508.090. 7
Section 29. KRS 507.030 is amended to read as follows: 8
(1) A person is guilty of manslaughter in the first degree when: 9
(a) With intent to cause serious physical injury to another person, he or she 10
causes the death of such person or of a third person; 11
(b) With intent to cause the death of another person, he or she causes the death of 12
such person or of a third person under circumstances which do not constitute 13
murder because he or she acts und er the influence of extreme emotional 14
disturbance, as defined in subsection (1)(a) of KRS 507.020; 15
(c) Through circumstances not otherwise constituting the offense of murder, he or 16
she intentionally abuses or neglects another person or knowingly permits 17
another person of whom he or she has actual custody to be abused or 18
neglected and thereby causes death to a person twelve (12) years of age or 19
less, or who is physically helpless or mentally helpless; or 20
(d) He or she knowingly sells fentanyl or a fentanyl derivative to another person, 21
and the injection, ingestion, inhalation, or other introduction of the fentanyl or 22
fentanyl derivative causes the death of the person. 23
(2) Manslaughter in the first degree is a Class B felony. 24