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AN ACT relating to the protection of children. 1
WHEREAS, the care, custody, and control of one's children is a fundamental liberty 2
interest protected under the Unite d States Constitution and affirmed in decisions of the 3
Supreme Court of the United States; and 4
WHEREAS, child protection systems must prioritize child safety while preserving 5
families whenever possible; and 6
WHEREAS, transparency, accountability, and consti tutional compliance are 7
essential to public trust; and 8
WHEREAS, kinship placements preserve family bonds and reduce trauma; and 9
WHEREAS, federal law, including the Adoption and Safe Families Act, requires 10
reasonable efforts toward reunification when safe and appropriate; and 11
WHEREAS, the purpose of this Act is to protect children while safeguarding 12
parental rights, prevent unnecessary removals, promote kinship care, ensure reunification 13
whenever safely possible, and hold government actors accountable for co nstitutional 14
violations; 15
NOW, THEREFORE, 16
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 17
SECTION 1. A NEW SECTION OF KRS CHAPTER 620 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) A social service worker shall wear a department -issued body-worn camera during 20
an investigation pursuant to KRS 620.050 when the social service worker: 21
(a) Visits the child's residence or placement; 22
(b) Interviews a child outside a school setting; and 23
(c) Removes a child from the home pursuant to a court order. 24
(2) Recordings shall be preserved for at least five (5) years and, notwithstanding KRS 25
620.050(5), be made available to the court and to the custodial parent or legal 26
guardian of the child alleged to be dependent, neglected, or abused and his or her 27
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attorney. 1
(3) If a social service worker fails to activate his or her body -worn camera without 2
documented exigent circumstances, there shall be a rebuttable presumption in 3
favor of the parent's account of events in a proceeding under this chapter or KRS 4
Chapter 625. 5
(4) The cabinet shall promulgate administrative regulations in accordance with KRS 6
Chapter 13A to implement this section. 7
SECTION 2. A NEW SECTION OF KRS CHAP TER 620 IS CREATED TO 8
READ AS FOLLOWS: 9
(1) A parent shall have a cause of action against an employee of the cabinet who: 10
(a) Knowingly submits a false statement; 11
(b) Withholds exculpatory evidence; or 12
(c) Violates a person's constitutional rights. 13
(2) It shall not be a defense or immunity to an action brought against an employee or 14
agent of the cabinet in his or her official capacity that the employee or agent: 15
(a) Acted in good faith and within the scope of his or her employment or 16
authority in exercising discretion and judgment or personal deliberation in 17
performing an act or omission; 18
(b) Believed, reasonably or otherwise, that his or her conduct was lawful at the 19
time it was committed; or 20
(c) Deprived legal rights, privileges, or immunities, by an act or omission, that 21
were not clearly established at the time of their deprivation, or that the state 22
of the law was otherwise such that the employee or agent could not 23
reasonably have been expected to know whether his or her conduct was 24
lawful. 25
(3) In an action brought under this section, the court shall award attorney's fees to a 26
prevailing plaintiff. 27
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SECTION 3. A NEW SECTION OF KRS CHAPTER 605 IS CREATED TO 1
READ AS FOLLOWS: 2
The cabinet shall submit an annual report by July 1 of each year to the Legislative 3
Research Commission for referral to the Interim Joint Committee on Families and 4
Children that contains the following information: 5
(1) The number of children removed from the custody of a parent or other person 6
exercising custodial control or supervision; and 7
(2) The average caseload for social service workers and a statement of compliance 8
with KRS 199.461. 9
SECTION 4. A NEW SECTION OF KRS CHAPTER 194A IS CREATED TO 10
READ AS FOLLOWS: 11
(1) There is hereby established in the State Treasury a trust and agency account to be 12
known as the family preservation fund. The fund shall consist of moneys received 13
from state appropriations, gifts, grants, and federal funds. 14
(2) The fund shall be administered by the cabinet. 15
(3) Amounts deposited in the fund shall be used for: 16
(a) Substance abuse treatment; 17
(b) Parental education; 18
(c) Housing stabilization; 19
(d) Mental health services; and 20
(e) Domestic violence intervention; 21
and for no other purpose. 22
(4) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal 23
year shall not lapse but shall be carried forward into the next fiscal year. 24
Section 5. KRS 600.010 is amended to read as follows: 25
(1) KRS Chapters 600 to 645 shall be known as the Kentucky Unified Juvenile Code. 26
(2) KRS Chapters 600 to 645 shall be interpreted to effectuate the following express 27
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legislative purposes: 1
(a) The Commonwealth shall direct its efforts to promoting protection of 2
children; to the strengthening and encouragement of family life for the 3
protection and care of children; to strengthening and maintaining the 4
biological family unit; to ensuring that policies and practices utilized are 5
supported by data and research and are monitored or measured for their 6
effectiveness in achieving the intended results; and to offering all available 7
resources to any family in need of them; 8
(b) It also shall be declared to be the policy of this Commonwealth that: 9
1. All efforts shall be directed toward providing each child a safe and 10
nurturing home; 11
2. Emphasis shall be placed on involving families in interventions 12
developed for youth, providing families with access to services 13
necessary to address issues within the family, and increasing 14
accountability of the youth and families within the juvenile justice 15
system; 16
3. To the extent possible, out -of-home placement should only be utilized 17
for youth who are high -risk or high -level offenders, and that low -risk, 18
low-level offenders should be served through evidence -based 19
programming in their community; and 20
4. As the population in Department of Juvenile Justice facilities is reduced 21
through increased use of community -based treatment, and if staffing 22
ratios can be maintained at the levels required by accreditation bodies, 23
reductions of the number of facilities should be considered; 24
(c) The court shall show that other less restrictive alternatives have been 25
attempted or are not feasible in order to insure that children are not removed 26
from families except when absolutely necessary; 27
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(d) Any child brought before the court under KRS Chapters 600 to 645 shall have 1
a right to treatment reasonably calculated, through the use of evidence -based 2
programs when available, to bring about an improvement of his or her 3
condition and, to the extent possible, have that treatment administered in the 4
county of residence of the custodial parent or parents or in the nearest 5
available county; 6
(e) KRS Chapter 635 shall be interpreted to promote the best interests of the child 7
through providing treatment and sanctions to reduce recidivism and assist in 8
making the child a productive citizen by involving the family, as appropriate, 9
and by advancing the principles of personal responsibility, accountability, and 10
reformation, while maintaining public safety, and seeking restitution and 11
reparation; 12
(f) KRS Chapter 640 shall be interpreted to promote public safety and the 13
concept that every child be held accountable for his or her conduct through 14
the use of rest itution, reparation, and sanctions, in an effort to rehabilitate 15
delinquent youth; and 16
(g) It shall further be the policy of this Commonwealth to provide judicial 17
procedures in which rights and interests of all parties, including the parents 18
and victims, a re recognized and all parties are assured prompt and fair 19
hearings. Unless otherwise provided, such protections belong to the child 20
individually and may not be waived by any other party. 21
(3) (a) KRS Chapters 600 to 645 shall be interpreted consistently wit h federal law 22
and constitutional protections of parental rights. 23
(b) A provision of KRS Chapter 600 to 645 or any other child welfare statute of 24
the Commonwealth in conflict with federal protections of parental rights is 25
void to the extent of the conflict. 26
(c) The court shall apply strict scrutiny when reviewing state action that 27
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interferes with the fundamental rights of a parent relating to the parent -1
child relationship. 2
Section 6. KRS 610.070 is amended to read as follows: 3
(1) All cases involving children brought before the court whose cases are under the 4
jurisdiction of the court shall be granted a speedy hearing and shall be dealt with by 5
the court without a jury. 6
(2) The hearings shall be conducted in a formal manner, unless specified to the contrary 7
by other provisions of KRS Chapters 600 to 645. 8
(3) The general public shall be excluded and only the immediate families or guardians 9
of the parties before the court, witnesses ne cessary for the prosecution and defense 10
of the case, the probation worker with direct interest in the case, a representative 11
from the Department of Juvenile Justice, the victim, his or her parent or legal 12
guardian, or if emancipated, his or her spouse, or a legal representative of either, 13
such persons admitted as the judge shall find have a direct interest in the case or in 14
the work of the court, and such other persons as agreed to by the child and his or 15
her attorney may be admitted to the hearing. A paren t, legal guardian, or spouse if a 16
witness shall be admitted to the hearing only during and after his or her testimony at 17
the hearing, and witnesses shall be admitted to the hearing only for the duration of 18
their testimony. The court may order the exclusion of a parent, legal guardian, or 19
spouse, if it is shown to the satisfaction of the court that the parent, legal guardian, 20
or spouse may physically disrupt the proceedings or may do violence to any 21
participant therein. The mere presence of a parent, legal g uardian, or spouse shall 22
not be deemed to be a disruption of the proceedings merely because their presence 23
may make the defendant uncomfortable; the court shall find a potential for actual 24
physical disruption of the proceedings before an exclusion may be g ranted for this 25
reason. 26
(4) The court shall order at least one (1) parent, guardian, or person exercising 27
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custodial control over the child to be present at any hearing or other proceeding 1
involving the child. The court shall make accommodations necessary t o allow the 2
person to attend, including but not limited to allowing remote attendance or holding 3
hearings outside the court's normal operating hours. 4
(5) In dependency, neglect, and abuse actions, all hearings shall be audio and video 5
recorded. Recordings shall be preserved as part of the official record and parents 6
shall have access to a recording at no cost. A hearing shall not occur without 7
recording unless the court finds it necessary to protect a child victim's privacy. 8
Section 7. KRS 620.060 is amended to read as follows: 9
(1) The court for the county where the child ordinarily resides or will reside or the 10
county where the child is present may issue an ex parte emergency custody order 11
when it appears to the court tha t removal is in the best interest of the child and the 12
court finds by clear and convincing evidence [ that there are reasonable grounds to 13
believe], as supported by affidavit or by recorded sworn testimony, that one (1) or 14
more of the following conditions e xist and that the parents or other person 15
exercising custodial control or supervision are unable or unwilling to protect the 16
child: 17
(a) The child is in danger of imminent death or serious physical injury or is being 18
sexually abused; 19
(b) The parent has repe atedly inflicted or allowed to be inflicted by other than 20
accidental means physical injury or emotional injury. This condition shall not 21
include reasonable and ordinary discipline recognized in the community 22
where the child lives, as long as reasonable and ordinary discipline does not 23
result in abuse or neglect[ as defined in KRS 600.020(1)]; or 24
(c) The child is in immediate danger due to the parent's failure or refusal to 25
provide for the safety or needs of the child. 26
(2) Custody may be placed with a relati ve taking into account the wishes of the 27
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custodial parent and child or any other appropriate person or agency including the 1
cabinet. 2
(3) An emergency custody order shall be effective no longer than seventy -two (72) 3
hours[,] exclusive of weekends and holida ys, unless there is a temporary removal 4
hearing with oral or other notice to the county attorney and the parent or other 5
person exercising custodial control or supervision of the child [,] to determine if the 6
child should be held for a longer period. The seventy-two (72) hour period also may 7
be extended or delayed upon the waiver or request of the child's parent or other 8
person exercising custodial control or supervision. 9
(4) Any person authorized to serve process shall serve the parent or other person 10
exercising custodial control or supervision with a copy of the emergency custody 11
order. If such person cannot be found, the sheriff shall make a good faith effort to 12
notify the nearest known relative, neighbor, or other person familiar with the child. 13
(5) Within seventy -two (72) hours of the taking of a child into custody without the 14
consent of his parent or other person exercising custodial control or supervision, a 15
petition shall be filed pursuant to this chapter. 16
(6) This section [Nothing herein] shall not preclude the issuance of arrest warrants 17
pursuant to the Rules of Criminal Procedure. 18
Section 8. KRS 620.080 is amended to read as follows: 19
(1) Unless waived by the child and his parent or other person exercising custodial 20
control or supervision, a temporary removal hearing shall be held: 21
(a) Within twenty-four (24)[seventy-two (72)] hours[,] excluding weekends and 22
holidays[,] of the time when an emergency custody order is issued or when a 23
child is taken into custody without the consent of his parent or other person 24
exercising custodial control or supervision; and 25
(b) In cases commenced by the filing of a petition, within ten (10) days of the 26
date of filing. 27
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(2) (a) At a temporary removal hearing, the court shall determine whether there are 1
reasonable grounds to believe that the child would be dependent, neglected or 2
abused if returned to or left in the custody of his parent or other person 3
exercising custodial control or supervision even though it is not proved 4
conclusively who has perpetrated the dependency, neglect or abuse. For good 5
cause, the court may allow hearsay evidence. 6
(b) The court shall not order removal under this section unless the 7
Commonwealth proves by clear and convincing evidence, as supported by 8
affidavit or by recorded sworn testimony, that one (1) of more of the 9
following conditions exist and that the parents or other person exercising 10
custodial control or supervision are unable or unwilling to protect the child: 11
1. The child is in danger of imminent death or serious physical injury or 12
is being sexually abused; 13
2. The parent has repeatedly inflicted or allowed to be inflicted by other 14
than accidental means physical injury or emot ional injury. This 15
condition shall not include reasonable and ordinary discipline 16
recognized in the community where the child lives, as long as 17
reasonable and ordinary discipline does not result in abuse or neglect; 18
or 19
3. The child is in immediate danger d ue to the parent's failure or refusal 20
to provide for the safety or needs of the child. [The Commonwealth 21
shall bear the burden of proof by a preponderance of the evidence and if 22
the Commonwealth should fail to establish same,] 23
(c) The child shall be released to or retained in the custody of his or her parent or 24
other person exercising custodial control or supervision if the Commonwealth 25
fails to meet the burden of proof. 26
Section 9. KRS 620.090 is amended to read as follows: 27
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(1) If, after completion of the temporary removal hearing, the court finds there are 1
reasonable grounds to believe the child is dependent, neglected or abused, the court 2
shall: 3
(a) Issue an order for temporary removal and shall grant temporary custody to the 4
cabinet or other appropriate person or agency. Preference shall be given to 5
available and qualified relatives of the child considering the wishes of the 6
parent or other person exercising custodial control or supervision, if k nown. 7
The order shall state the specific reasons for removal and show that alternative 8
less restrictive placements and services have been considered. The court may 9
recommend a placement for the child; 10
(b) Inquire as to an existing child support order; and 11
(c) If there is no existing order, or if the order is to be amended, the court shall: 12
1. Make specific findings, either written or on the record, as to: 13
a. The child support obligation in the best interest of the child; 14
b. The action to be taken by the pay ee, payor, or any other party by 15
making an application for services to the child support office who 16
shall take all appropriate action; or 17
c. Setting a hearing as soon as practicable; and 18
2. Require proper service before establishing a new child support order. 19
(2) (a) In placing a child under an order of temporary custody, the cabinet or its 20
designee shall use the least restrictive appropriate placement available. 21
Preference shall be given to available and qualified relatives of the child 22
considering the wis hes of the parent or other person exercising custodial 23
control or supervision, if known. The child may also be placed in a facility or 24
program operated or approved by the cabinet, including a foster home, or any 25
other appropriate available placement. Howev er, under no circumstance shall 26
the child be placed in a home, facility, or other shelter with a child who has 27
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been committed to the Department of Juvenile Justice for commission of a sex 1
crime as that term is defined in KRS 17.500, unless the child commit ted for 2
the commission of a sex crime is kept segregated from other children in the 3
home, facility, or other shelter that have not been committed for the 4
commission of a sex crime. 5
(b) If placement is not made with relatives or fictive kin, the cabinet sha ll 6
provide a written explanation to the court explaining the reasons for the 7
placement. 8
(3) If the court finds there are not reasonable grounds to believe the child is dependent, 9
neglected or abused, or if no action is taken within seventy -two (72) hours, the 10
emergency custody order shall be dissolved automatically and the cabinet or its 11
designee shall return the child to the parent or other person exercising custodial 12
control or supervision. A request for a continuance of the hearing by the parent or 13
other person exercising custodial control or supervision shall constitute action 14
precluding automatic dissolution of the emergency custody order. 15
(4) When the court issues a temporary order for the custody of a child, the court may 16
order that, within two (2) we eks, arrangements be made for the child to receive a 17
thorough medical, visual, and dental examination by a professional authorized by 18
the Kentucky Revised Statutes to conduct such examinations. The costs of the 19
examination shall be paid by the cabinet. 20
(5) The child shall remain in temporary custody with the cabinet for a period of time 21
not to exceed forty-five (45) days from the date of the removal from his home. The 22
court shall conduct the adjudicatory hearing and shall make a final disposition 23
within forty-five (45) days of the removal of the child. The court may extend such 24
time after making written findings establishing the need for the extension and after 25
finding that the extension is in the child's best interest. 26
(6) If custody is granted to a grandpa rent of the child pursuant to this section, the court 27
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shall consider granting reasonable visitation rights to any other grandparent of the 1
child if the court determines the grandparent has a significant and viable 2
relationship with the child as established in KRS 405.021(1)(c). 3
Section 10. KRS 620.155 is amended to read as follows: 4
(1) Any interested party aggrieved by a proceeding under KRS 610.010(2)(d) including 5
the parent, child, guardian ad litem, the cabinet, and the county attorney may appeal 6
from the juvenile court to the Circuit Court as a matter of right in the manner 7
provided in the Kentucky Rules of Civil Procedure. The Circuit Court may order 8
that the child may be removed to a suitable place, pending the appea l, if it appears 9
by affidavit or sworn testimony that the child would be in imminent danger if left 10
with or returned to his or her parents, guardian, or other person party to the appeal. 11
(2) An appeal of a removal order shall be heard within twenty -four (24) hours of the 12
order. 13
Section 11. KRS 625.090 is amended to read as follows: 14
(1) The Circuit Court may involuntarily terminate all parental rights of a parent of a 15
named child[,] if the Circuit Court finds from the reco rd by clear and convincing 16
evidence that: 17
(a) 1. The child has been adjudged to be an abused or neglected child, as 18
defined in KRS 600.020(1), by a court of competent jurisdiction; 19
2. The child is found to be an abused or neglected child, as defined in KRS 20
600.020(1), by the Circuit Court in this proceeding; 21
3. The child is found to have been diagnosed with neonatal abstinence 22
syndrome at the time of birth, unless his or her birth mother: 23
a. Was prescribed and properly using medication for a legitimate 24
medical condition as directed by a health care practitioner that may 25
have led to the neonatal abstinence syndrome; 26
b. Is currently, or within ninety (90) days after the birth, enrolled in 27
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and maintaining substantial compliance with both a substance 1
abuse treatment or recovery program and a regimen of prenatal 2
care o r postnatal care as recommended by her health care 3
practitioner throughout the remaining term of her pregnancy or the 4
appropriate time after her pregnancy; or 5
c. In the absence of a prescription for the treatment of a legitimate 6
medical condition, agrees, prior to discharge from the hospital, to 7
participate in a court -ordered assessment by a drug treatment 8
provider and the assigning of a certified peer support specialist for 9
referral to appropriate treatment, and agrees to participate in 10
treatment which shall commence within ninety (90) days after the 11
birth; or 12
4. The parent has been convicted of a criminal charge relating to the 13
physical or sexual abuse or neglect of any child and that physical or 14
sexual abuse, neglect, or emotional injury to the child name d in the 15
present termination action is likely to occur if the parental rights are not 16
terminated; 17
(b) 1. The Cabinet for Health and Family Services has filed a petition with the 18
court pursuant to KRS 620.180 or 625.050; or 19
2. A child -placing agency license d by the cabinet, any county or 20
Commonwealth's attorney, or a parent has filed a petition with the court 21
under KRS 625.050; and 22
(c) Termination would be in the best interest of the child. 23
(2) [No ]Termination of parental rights shall not be ordered unless the Circuit Court 24
also finds by clear and convincing evidence the existence of one (1) or more of the 25
following grounds: 26
(a) That the parent has abandoned the child for a period of not less than ninety 27
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(90) days; 1
(b) That the parent has inflicted or allowed to be inflicted upon the child, by other 2
than accidental means, serious physical injury; 3
(c) That the parent has continuously or repeatedly inflicted or allowed to be 4
inflicted upon the child, by other than accidental means, physical injury or 5
emotional harm; 6
(d) That the parent has been convicted of a felony that involved the infliction of 7
serious physical injury to any child; 8
(e) That the parent, for a period of not less than six (6) months, has continuously 9
or repeatedly failed or refused to provide or has been substantially incapable 10
of providing essential parental care and protection for the child and that there 11
is no reasonable expectation of improvement in parental care and protection, 12
considering the age of the child; 13
(f) That the parent has caused or allowed the child to be sexually abused or 14
exploited; 15
(g) That the parent, for reasons other than poverty alone, has continuously or 16
repeatedly failed to provide or is incapable of providing essential food, 17
clothing, shelter, medical care, or education reasonably necessary and 18
available for the child's well -being and that there is no reasonable expectation 19
of significant improvement in the parent's conduct in the immediately 20
foreseeable future, considering the age of the child; 21
(h) That: 22
1. The parent's parental rights to another child have been involuntarily 23
terminated; 24
2. The child named in the present termination action was born subsequent 25
to or during the pendency of the previous termination; and 26
3. The conditions or factors which were the basis for the previous 27
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termination finding have not been corrected; 1
(i) That the parent has been convicted in a criminal proceeding of having caused 2
or contributed to the death of another child as a result of physical or sexual 3
abuse or neglect; 4
(j) That the child h as been in foster care under the responsibility of the cabinet 5
for fifteen (15) cumulative months out of forty -eight (48) months preceding 6
the filing of the petition to terminate parental rights; or 7
(k) That the child has been removed from the biological o r legal parents more 8
than two (2) times in a twenty -four (24) month period by the cabinet or a 9
court. 10
(3) In determining the best interest of the child and the existence of a ground for 11
termination, the Circuit Court shall consider the following factors: 12
(a) Whether the parent is a mentally ill person [Mental illness] as defined by 13
KRS 202A.011(9)[,] or an individual with an intellectual disability as defined 14
by KRS 202B.010(9),[ of the parent] as certified by a qualified mental health 15
professional, or whether the parent has a disability as defined in KRS 16
199.011, if the mental illness, intellectual disability, or disability renders the 17
parent consistently unable to care for the immediate and ongoing physical or 18
psychological needs of the child for extended periods of time; 19
(b) Acts of abuse or neglect as defined in KRS 600.020(1) toward any child in the 20
family; 21
(c) If the child has been placed with the cabinet, whether the cabinet has, prior to 22
the filing of the petition: 23
1. Made reasonable efforts as defined in KRS 620.020 to reunite the child 24
with the parents unless one or more of the circumstances enumerated in 25
KRS 610.127 for not requiring reasonable efforts have been 26
substantiated in a written finding by the District Court; or 27
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2. Provided a parent with a disability as defined in KRS 199.011 with 1
targeted adaptive and supportive services based on an individual 2
assessment of the parent, or has received a written acknowledgement 3
from the parent knowingly and affirmatively rejecting the offered 4
services; 5
(d) The efforts and adjustments the parent has made in his or her circumstances, 6
conduct, or conditions to make it in the child's best interest to return the child 7
to his or her home within a reasonable period of time, considering the age of 8
the child; 9
(e) The physical, emotional, and mental health of the child and the prospects for 10
the improvement of the child's welfare if termination is ordered; and 11
(f) The payment or the failure to pay a reasonable portion of substitute physical 12
care and maintenance if financially able to do so. 13
(4) If the cabinet has not made reasonable efforts as defined in KRS 620.020 to 14
reunite t he child with the parents and one (1) or more of the circumstances 15
enumerated in KRS 610.127 for not requiring reasonable efforts have not been 16
substantiated in a written finding by the District Court, the court shall not order 17
termination of parental rights. 18
(5) If the child has been placed with the cabinet, the parent may present testimony 19
concerning the reunification, adaptive or supportive services offered by the cabinet, 20
and whether additional services would be likely to bring about lasting parental 21
adjustment enabling a return of the child to the parent. 22
(6)[(5)] If the parent proves by a preponderance of the evidence that the child will not 23
continue to be an abused or neglected child as defined in KRS 600.020(1) if 24
returned to the parent, or if the pa rent proves by a preponderance of the evidence 25
that appropriate and specifically targeted adaptive or supportive services based 26
upon an individual assessment of the parent have not been offered or provided to 27
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the parent, the court in its discretion may determine not to terminate parental rights. 1
(7)[(6)] Upon the conclusion of proof and argument of counsel, the Circuit Court shall 2
enter findings of fact, conclusions of law, and a decision as to each parent -3
respondent within thirty (30) days either: 4
(a) Terminating the right of the parent; or 5
(b) Dismissing the petition and stating whether the child shall be returned to the 6
parent or shall remain in the custody of the state. 7
Section 12. This Act may be cited as the Protection of the Children Act. 8
Section 13. This Act shall take effect January 1, 2027. 9