AN ACT relating to the protection of children.

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AN ACT relating to the protection of children. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 507 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "abuse or neglect" means the infliction of physical pain, 5
physical or mental injury, or the deprivation of services by a person that are 6
necessary to maintain the health and welfare of a child. 7
(2) A person is guilty of child abuse homicide when: 8
(a) He or she intentionally abuses or neglects another person who is under 9
eighteen (18) years old; and 10
(b) The death is a result of the abuse or neglect. 11
(3) Child abuse homicide is a capital offense. 12
Section 2. KRS 199.896 is amended to read as follows: 13
(1) A[No] person, association, or organization shall not conduct, operate, maintain, or 14
advertise any child -care center without obtaining a license as provided in KRS 15
199.892 to 199.896. 16
(2) The cabinet may promulgate administrative regulations pursuant to KRS Chapter 17
13A relating to license fees and may, in the administrative regulations, establish 18
standards of care and service for a child -care center, criteria for the denial of a 19
license if criminal records indicate convictions that may impact the safety and 20
security of children in care, and procedures for enforcement of pena lties which are 21
not in contravention of this section. 22
(3) Each initial application for a license shall be made to the cabinet and shall be 23
accompanied by a fee that shall not exceed administrative costs of the program to 24
the cabinet and shall be renewable annually upon expiration and reapplication when 25
accompanied by a renewal fee that shall not exceed administrative costs of the 26
program to the cabinet. Regular licenses and renewals thereof shall expire one (1) 27
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year from their effective date. 1
(4) A[No] child-care center shall not be refused a license or have its license revoked for 2
failure to meet standards set by the secretary until after the expiration of a period 3
not to exceed six (6) months from the date of the first official notice that the 4
standards ha ve not been met. If [, however,] the cabinet has probable cause to 5
believe that an immediate threat to the public health, safety, or welfare exists, the 6
cabinet may take emergency action pursuant to KRS 13B.125. All administrative 7
hearings conducted under a uthority of KRS 199.892 to 199.896 shall be conducted 8
in accordance with KRS Chapter 13B. 9
(5) If, upon inspection or investigation, the inspector general finds that a child -care 10
center licensed under this section has violated the administrative regulations , 11
standards, or requirements of the cabinet, the inspector general shall issue a 12
statement of deficiency to the center containing: 13
(a) A statement of fact; 14
(b) A statement of how an administrative regulation, standard, or requirement of 15
the cabinet was violated; and 16
(c) The timeframe, negotiated with the child-care center, within which a violation 17
is to be corrected, except that a violation that poses an immediate threat to the 18
health, safety, or welfare of children in the center shall be corrected in no 19
event later than five (5) working days from the date of the statement of 20
deficiency. 21
(6) The Cabinet for Health and Family Services, in consultation with the Office of the 22
Inspector General, shall establish by administrative regulations promulgated in 23
accordance with KRS Chapter 13A an informal dispute resolution process through 24
which a child-care provider may dispute licensure deficiencies that have an adverse 25
effect on the child-care provider's license. 26
(7) A child -care center shall have the right to appeal to the Cabinet for Health and 27
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Family Services under KRS Chapter 13B any action adverse to its license or the 1
assessment of a civil penalty issued by the inspector general as the result of a 2
violation contained in a statement of deficiency within twenty (2 0) days of the 3
issuance of the action or assessment of the civil penalty. An appeal shall not act to 4
stay the correction of a violation. 5
(8) In assessing the civil penalty to be levied against a child -care center for a violation 6
contained in a statement of deficiency issued under this section, the inspector 7
general or the inspector general's designee shall take into consideration the 8
following factors: 9
(a) The gravity of the threat to the health, safety, or welfare of children posed by 10
the violation; 11
(b) The number and type of previous violations of the child-care center; 12
(c) The reasonable diligence exercised by the child -care center and efforts to 13
correct the violation; and 14
(d) The amount of assessment necessary to assure immediate and continued 15
compliance. 16
(9) Upon a child -care center's failure to take action to correct a violation of the 17
administrative regulations, standards, or requirements of the cabinet contained in a 18
statement of deficiency, or at any time when the operation of a child -care center 19
poses an immediate threat to the health, safety, or welfare of children in the center, 20
and the child-care center continues to operate after the cabinet has taken emergency 21
action to deny, suspend, or revoke its license, the cabinet or the cabinet's designee 22
shall take at least one (1) of the following actions against the center: 23
(a) Institute proceedings to obtain an order compelling compliance with the 24
administrative regulations, standards, and requirements of the cabinet; 25
(b) Institute injunctive proceedings in Circuit Court to terminate the operation of 26
the center; 27
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(c) Institute action to discontinue payment of child-care subsidies; or 1
(d) Suspend or revoke the license or impose other penalties provided by law. 2
(10) Upon request of any person, the cabinet sh all provide information regarding the 3
denial, revocation, suspension, or violation of any type of child -care center license 4
of the operator. Identifying information regarding children and their families shall 5
remain confidential. 6
(11) The cabinet shall pro vide, upon request, public information regarding the 7
inspections of and the plans of correction for the child -care center within the past 8
year. All information distributed by the cabinet under this subsection shall include a 9
statement indicating that the reports as provided under this subsection from the past 10
five (5) years are available from the child -care center upon the parent's, custodian's, 11
guardian's, or other interested person's request. 12
(12) All fees collected under the provisions of KRS 199.892 to 199.896 for license and 13
certification applications shall be paid into the State Treasury and credited to a 14
special fund for the purpose of administering KRS 199.892 to 199.896 including the 15
payment of expenses of and to the participants in child -care workshops. The funds 16
collected are hereby appropriated for the use of the cabinet. The balance of the 17
special fund shall lapse to the general fund at the end of each biennium. 18
(13) Any advertisement for child -care services shall include the address of where the 19
service is being provided. 20
(14) All inspections of licensed and unlicensed child -care centers by the Cabinet for 21
Health and Family Services shall be unannounced. 22
(15) All employees and owners of a child -care center who provide care to children shall 23
demonstrate within the first three (3) months of employment completion of at least 24
a total of six (6) hours of orientation in the following areas: 25
(a) Basic health, safety, and sanitation; 26
(b) Recognizing and reporting child abuse; and 27
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(c) Developmentally appropriate child-care practice. 1
(16) All employees and owners of a child -care center who provide care to children shall 2
annually demonstrate to the department completion of at least six (6) hours of 3
training in child development. These hours shall include but are not limited to one 4
and one-half (1.5) hours one (1) time every five (5) years of continuing education in 5
the recognition and prevention of pediatric abusive head tr auma, as defined in KRS 6
620.020. Training in recognizing pediatric abusive head trauma may be designed in 7
collaboration with organizations and agencies that specialize in the prevention and 8
recognition of pediatric head trauma approved by the secretary of the Cabinet for 9
Health and Family Services. The one and one -half (1.5) hours required under this 10
section shall be included in the current number of required continuing education 11
hours. 12
(17) The Cabinet for Health and Family Services shall make available ei ther through the 13
development or approval of a model training curriculum and training materials, 14
including video instructional materials, to cover the areas specified in subsection 15
(15) of this section. The cabinet shall develop or approve the model trainin g 16
curriculum and training materials to cover the areas specified in subsection (15) of 17
this section. 18
(18) Child-care centers licensed pursuant to this section and family child -care homes 19
certified pursuant to KRS 199.8982 shall not use corporal physical di scipline, 20
including the use of spanking, shaking, or paddling, as a means of punishment, 21
discipline, behavior modification, or for any other reason. For the purposes of this 22
section, "corporal physical discipline" means the deliberate infliction of physica l 23
pain and does not include spontaneous physical contact that is intended to protect a 24
child from immediate danger. 25
(19) (a) Child-care centers licensed pursuant to this section shall: 26
1. Maintain video surveillance of all public areas within the child -care 27
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center, including but not limited to hallways, entrances, play areas, 1
common areas, and eating areas; 2
2. Provide notice to parents and guardians of children who attend the 3
child-care center that children are subject to video surveillance; and 4
3. Retain footage of video surveillance for ninety (90) days after the date 5
the footage is recorded. 6
(b) Video surveillance shall not take place in private areas within the child -care 7
center, including but not limited to bathrooms and changing areas. 8
(20)[(19)] Child-care centers that provide instructional and educational programs for 9
preschool-aged children that operate for a maximum of twenty (20) hours per week 10
and that a child attends for no more than fifteen (15) hours per week shall: 11
(a) Notify the cabinet in writing that the center is operating; 12
(b) Meet all child -care center licensure requirements and administrative 13
regulations related to employee background checks; 14
(c) Meet all child -care center licensure requirements and administrative 15
regulations related to tuberculosis screenings; and 16
(d) Be exempt from all other child -care center licensure requirements and 17
administrative regulations. 18
(21)[(20)] Child-care centers that provide instructional and educational programs for 19
preschool-aged children that operate fo r a maximum of twenty (20) hours per week 20
and that a child attends for no more than ten (10) hours per week shall be exempt 21
from all child-care licensure requirements and administrative regulations. 22
(22)[(21)] Instructional programs for school-age children that offer, whether free or for a 23
fee, recreational, educational, sports training, or vacation programs that include but 24
are not limited to martial arts and dance programs to children under eighteen (18) 25
years of age, that a child attends outside the pres ence of his or her parent or legal 26
guardian, shall be exempt from all child -care licensure administrative regulations if 27
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the following criteria are met: 1
(a) The program provides primary instruction in a skill, talent, ability, expertise, 2
or proficiency; 3
(b) The program operates outside the time period when school is in session, 4
including before or after school hours, holidays, school breaks, teaching 5
planning days, or summer vacation; 6
(c) The program does not advertise or otherwise represent that the progra m is a 7
licensed child-care center or that the program offers child-care services; 8
(d) The program informs the parent or guardian: 9
1. That the program is not licensed by the cabinet; and 10
2. About the physical risks a child may face while participating in th e 11
program; and 12
(e) The program conducts the following background checks for all program 13
employees and volunteers who work with children: 14
1. Check of the child abuse and neglect records maintained by the cabinet; 15
and 16
2. In-state criminal background information check from the Justice and 17
Public Safety Cabinet or Administrative Office of the Courts. 18
(23)[(22)] Directors and employees of child -care centers in a position that involves 19
supervisory or disciplinary power over a minor, or direct contact with a minor, shall 20
submit to a criminal record check in accordance with KRS 199.8965. 21
(24)[(23)] A director or employee of a child -care center may be e mployed on a 22
probationary status pending receipt of the criminal background check. Application 23
for the criminal record of a probationary employee shall be made no later than the 24
date probationary employment begins. 25
(25)[(24)] The cabinet shall promulgate administrative regulations to identify emergency 26
care providers who provide essential child-care services during an identified state of 27
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emergency. 1
(26)[(25)] Notwithstanding any state law, administrative regulation, executive order, or 2
executive directive t o the contrary, during the 2020 or 2021 state of emergency 3
declared by the Governor in response to COVID -19, including but not limited to 4
any mutated strain of the COVID -19 virus, the cabinet shall not establish any 5
restrictions on capacity for class or gr oup size or the ability to combine classes and 6
groups for capacity limits in the morning or afternoon that is below the number that 7
was in effect on February 1, 2020. 8
Section 3. KRS 507.030 is amended to read as follows: 9
(1) A person is guilty of manslaughter in the first degree when: 10
(a) With intent to cause serious physical injury to another person, he or she 11
causes the death of such person or of a third person; 12
(b) With intent to cause the death of another person, he o r she causes the death of 13
such person or of a third person under circumstances which do not constitute 14
murder because he or she acts under the influence of extreme emotional 15
disturbance, as defined in subsection (1)(a) of KRS 507.020; 16
(c) Through circumstances not otherwise constituting the offense of murder, he or 17
she intentionally abuses another person or knowingly permits another person 18
of whom he or she has actual custody to be abused and thereby causes death 19
to a person under eighteen (18)[twelve (12)] years of age[ or less], or who is 20
physically helpless or mentally helpless; or 21
(d) He or she knowingly sells fentanyl or a fentanyl derivative to another person, 22
and the injection, ingestion, inhalation, or other introduction of the fentanyl or 23
fentanyl derivative causes the death of the person. 24
(2) Manslaughter in the first degree is a Class B felony. 25
Section 4. KRS 507.040 is amended to read as follows: 26
(1) A person is guilty of manslaughter in the second degree when he or she wantonly 27
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causes the death of another person, including but not limited to situations where the 1
death results from the person's: 2
(a) Operation of a motor vehicle; 3
(b) Leaving a child under the age of eight (8) years in a motor vehicle under 4
circumstances which manifest an extreme indifference to human life and 5
which create a grave risk of death to the child, thereby causing the death of 6
the child; 7
(c) Unlawful distribution for remuneration of a Schedule I or II controlled 8
substance when the controlled substance is the proximate cause of death; or 9
(d) Knowing distribution of fentanyl or a fentanyl derivative to another person 10
without remuneration, and the injection, ingestion, inhalation, or other 11
introduction of the fentanyl or fentanyl derivative causes the death of the 12
person. 13
(2) Manslaughter in the second degree is a Class C felony , unless the victim is a 14
person under eighteen (18) years of age, in which case is a Class B felony. 15
Section 5. KRS 508.100 is amended to read as follows: 16
(1) A person is guilty of criminal abuse in the first degree when he or she knowingly or 17
intentionally abuses another person or permits another person of whom he or she 18
has actual custody to be abused and thereby: 19
(a) Causes serious physical injury; 20
(b) Places him or her in a situation that may cause him or her serious physical 21
injury; or 22
(c) Causes torture, cruel confinement, or cruel punishment; 23
to a person under eighteen (18) [twelve (12)] years of age [ o r less] , or who is 24
physically helpless or mentally helpless. 25
(2) Criminal abuse in the first degree is a Class B[Class C] felony unless the victim is 26
under eighteen (18)[twelve (12)] years old, in which case it is a Class A[Class B] 27
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felony. 1
Section 6. KRS 508.110 is amended to read as follows: 2
(1) A person is guilty of criminal abuse in the second degree when he or she wantonly 3
abuses another person or permits another person of whom he or she has actual 4
custody to be abused and thereby: 5
(a) Causes serious physical injury; or 6
(b) Places him or her in a situation that may cause him or her serious physical 7
injury; or 8
(c) Causes torture, cruel confinement, or cruel punishment; 9
to a person under eighteen (18) [twelve (12)] years of age [ or less] , or who is 10
physically helpless or mentally helpless. 11
(2) Criminal abuse in the second degree is a Class C[Class D] felony. 12
Section 7. KRS 508.120 is amended to read as follows: 13
(1) A person is guilty of criminal abuse in the third degree when he or she recklessly 14
abuses another person or permits another person of whom he or she has actual 15
custody to be abused and thereby: 16
(a) Causes serious physical injury; or 17
(b) Places him or her in a situation that may cause him or her serious physical 18
injury; or 19
(c) Causes torture, cruel confinement, or cruel punishment; 20
to a person under eighteen (18) [twelve (12)] years of age [ or less ], or who is 21
physically helpless or mentally helpless. 22
(2) Criminal abuse in the third degree is a Class D felony[Class A misdemeanor]. 23
Section 8. KRS 532.025 is amended to read as follows: 24
(1) (a) Upon conviction of a defendant in cases where the death penalty may be 25
imposed, a hearing shall be conducted. In the[such] hearing, the judge shall 26
hear additional evidence in extenuation, mitigation, and aggravation of 27
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punishment, including the record of any prior criminal c onvictions and pleas 1
of guilty or pleas of nolo contendere of the defendant, or the absence of any 2
prior conviction and pleas . However, only [; provided, however, that only 3
such] evidence in aggravation as the state has made known to the defendant 4
prior to his or her trial shall be admissible. Subject to the Kentucky Rules of 5
Evidence, juvenile court records of adjudications of guilt of a child for an 6
offense that would be a felony if committed by an adult shall be admissible in 7
court at any time the child i s tried as an adult, or after the child becomes an 8
adult, at any subsequent criminal trial relating to that same person. Juvenile 9
court records made available pursuant to this section may be used for 10
impeachment purposes during a criminal trial and may be used during the 11
sentencing phase of a criminal trial .[;] However, the fact that a juvenile has 12
been adjudicated delinquent of an offense that would be a felony if the child 13
had been an adult shall not be used in finding the child to be a persistent 14
felony offender based upon that adjudication. Release of the child's treatment, 15
medical, mental, or psychological records is prohibited unless presented as 16
evidence in Circuit Court. Release of any records resulting from the child's 17
prior abuse and neglect under Title IV -E or IV -B of the Federal Social 18
Security Act is also prohibited. The judge shall also hear argument by the 19
defendant or his or her counsel and the prosecuting attorney, as provided by 20
law, regarding the punishment to be imposed. The prosecuting at torney shall 21
open and the defendant shall conclude the argument. In cases in which the 22
death penalty may be imposed, the judge when sitting without a jury shall 23
follow the additional procedure provided in subsection (2) of this section. 24
Upon the conclusion of the evidence and arguments, the judge shall impose 25
the sentence or shall recess the trial for the purpose of taking the sentence 26
within the limits prescribed by law. If the trial court is reversed on appeal 27
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because of error only in the presentence hear ing, the new trial which may be 1
ordered shall apply only to the issue of punishment. 2
(b) In all cases in which the death penalty may be imposed and which are tried by 3
a jury, upon a return of a verdict of guilty by the jury, the court shall resume 4
the trial and conduct a presentence hearing before the jury. The[Such] hearing 5
shall be conducted in the same manner as presentence hearings conducted 6
before the judge as provided in paragraph (a) of this subsection, including the 7
record of any prior criminal conv ictions and pleas of guilty or pleas of nolo 8
contendere of the defendant. Upon the conclusion of the evidence and 9
arguments, the judge shall give the jury appropriate instructions, and the jury 10
shall retire to determine whether any mitigating or aggravatin g circumstances, 11
as defined in subsection (2) of this section, exist and to recommend a sentence 12
for the defendant. Upon the findings of the jury, the judge shall fix a sentence 13
within the limits prescribed by law. 14
(2) In all cases of offenses for which th e death penalty may be authorized, the judge 15
shall consider, or include in his or her instructions to the jury for it to consider, any 16
mitigating circumstances or aggravating circumstances otherwise authorized by law 17
and any of the following statutory aggr avating or mitigating circumstances which 18
may be supported by the evidence: 19
(a) Aggravating circumstances: 20
1. The offense of murder or kidnapping was committed by a person with a 21
prior record of conviction for a capital offense, or the offense of murder 22
was committed by a person who has a substantial history of serious 23
assaultive criminal convictions; 24
2. The offense of murder or kidnapping was committed while the offender 25
was engaged in the commission of arson in the first degree, robbery in 26
the first degre e, burglary in the first degree, rape in the first degree, or 27
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sodomy in the first degree; 1
3. The offender by his or her act of murder, armed robbery, or kidnapping 2
knowingly created a great risk of death to more than one (1) person in a 3
public place by mea ns of a weapon of mass destruction, weapon, or 4
other device which would normally be hazardous to the lives of more 5
than one (1) person; 6
4. The offender committed the offense of murder for himself, herself, or 7
another, for the purpose of receiving money or any other thing of 8
monetary value, or for other profit; 9
5. The offense of murder was committed by a person who was a prisoner 10
and the victim was a prison employee engaged at the time of the act in 11
the performance of his or her duties; 12
6. The offender's act or acts of killing were intentional and resulted in 13
multiple deaths; 14
7. The offender's act of killing was intentional and the victim was: 15
a. A state or local public official; or 16
b. A first responder, as defined in KRS 507.070; 17
8. The offender murdered the victim when an emergency protective order 18
or a domestic violence order was in effect, or when any other order 19
designed to protect the victim from the offender, such as an order issued 20
as a condition of a bond, conditional release, probat ion, parole, or 21
pretrial diversion, was in effect; and 22
9. The offender's act of killing was intentional and resulted in the death of 23
a child under eighteen (18)[twelve (12)] years old. 24
(b) Mitigating circumstances: 25
1. The defendant has no significant history of prior criminal activity; 26
2. The capital offense was committed while the defendant was under the 27
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influence of extreme mental or emotional disturbance even though the 1
influence of extreme mental or emotional disturbance is not sufficient to 2
constitute a defense to the crime; 3
3. The victim was a participant in the defendant's criminal conduct or 4
consented to the criminal act; 5
4. The capital offense was committed under circumstances which the 6
defendant believed to provide a moral justification or extenuation for his 7
or her conduct even though the circumstances which the defendant 8
believed to provide a moral justification or extenuation for his or her 9
conduct are not sufficient to constitute a defense to the crime; 10
5. The defendant was an accomplice in a ca pital offense committed by 11
another person and his or her participation in the capital offense was 12
relatively minor; 13
6. The defendant acted under duress or under the domination of another 14
person even though the duress or the domination of another person is not 15
sufficient to constitute a defense to the crime; 16
7. At the time of the capital offense, the capacity of the defendant to 17
appreciate the criminality of his or her conduct to the requirements of 18
law was impaired as a result of mental illness or an intellectual disability 19
or intoxication even though the impairment of the capacity of the 20
defendant to appreciate the criminality of his or her conduct or to 21
conform the conduct to the requirements of law is insufficient to 22
constitute a defense to the crime; and 23
8. The youth of the defendant at the time of the crime. 24
(3) The instructions as determined by the trial judge to be warranted by the evidence or 25
as required by KRS 532.030(4) shall be given in charge and in writing to the jury 26
for its deliberation. The ju ry, if its verdict be a recommendation of death, or 27
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imprisonment for life without benefit of probation or parole, or imprisonment for 1
life without benefit of probation or parole until the defendant has served a minimum 2
of twenty-five (25) years of his or her sentence, shall designate in writing, signed by 3
the foreman of the jury, the aggravating circumstance or circumstances which it 4
found beyond a reasonable doubt. In nonjury cases, the judge shall make the[such] 5
designation. In all cases unless at least o ne (1) of the statutory aggravating 6
circumstances enumerated in subsection (2) of this section is so found, the death 7
penalty, or imprisonment for life without benefit of probation or parole, or the 8
sentence to imprisonment for life without benefit of prob ation or parole until the 9
defendant has served a minimum of twenty -five (25) years of his or her sentence, 10
shall not be imposed. 11
Section 9. KRS 625.090 is amended to read as follows: 12
(1) The Circuit Court may involuntari ly terminate all parental rights of a parent of a 13
named child, if the Circuit Court finds from the record by clear and convincing 14
evidence that: 15
(a) 1. The child has been adjudged to be an abused or neglected child, as 16
defined in KRS 600.020(1), by a court of competent jurisdiction; 17
2. The child is found to be an abused or neglected child, as defined in KRS 18
600.020(1), by the Circuit Court in this proceeding; 19
3. The child is found to have been diagnosed with neonatal abstinence 20
syndrome at the time of birth, unless his or her birth mother: 21
a. Was prescribed and properly using medication for a legitimate 22
medical condition as directed by a health care practitioner that may 23
have led to the neonatal abstinence syndrome; 24
b. Is currently, or within ninety (90) day s after the birth, enrolled in 25
and maintaining substantial compliance with both a substance 26
abuse treatment or recovery program and a regimen of prenatal 27
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care or postnatal care as recommended by her health care 1
practitioner throughout the remaining term of her pregnancy or the 2
appropriate time after her pregnancy; or 3
c. In the absence of a prescription for the treatment of a legitimate 4
medical condition, agrees, prior to discharge from the hospital, to 5
participate in a court -ordered assessment by a drug tre atment 6
provider and the assigning of a certified peer support specialist for 7
referral to appropriate treatment, and agrees to participate in 8
treatment which shall commence within ninety (90) days after the 9
birth; or 10
4. The parent has been convicted of a cr iminal charge relating to the 11
physical or sexual abuse or neglect of any child and that physical or 12
sexual abuse, neglect, or emotional injury to the child named in the 13
present termination action is likely to occur if the parental rights are not 14
terminated; 15
(b) 1. The Cabinet for Health and Family Services has filed a petition with the 16
court pursuant to KRS 620.180 or 625.050; or 17
2. A child -placing agency licensed by the cabinet, any county or 18
Commonwealth's attorney, or a parent has filed a petition with the court 19
under KRS 625.050; and 20
(c) Termination would be in the best interest of the child. 21
(2) [No ]Termination of parental rights shall not be ordered unless the C ircuit Court 22
also finds by clear and convincing evidence the existence of one (1) or more of the 23
following grounds: 24
(a) That the parent has abandoned the child for a period of not less than ninety 25
(90) days; 26
(b) That the parent has inflicted or allowed to be inflicted upon the child, by other 27
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than accidental means, serious physical injury; 1
(c) That the parent has continuously or repeatedly inflicted or allowed to be 2
inflicted upon the child, by other than accidental means, physical injury or 3
emotional harm; 4
(d) That the parent has been convicted of a felony that involved the infliction of 5
serious physical injury to any child; 6
(e) That the parent, for a period of not less than six (6) months, has continuously 7
or repeatedly failed or refused to provide or has been substantially incapable 8
of providing essential parental care and protection for the child and that there 9
is no reasonable expectation of improvement in parental care and protection, 10
considering the age of the child; 11
(f) That the parent has caused or a llowed the child to be sexually abused or 12
exploited; 13
(g) That the parent, for reasons other than poverty alone, has continuously or 14
repeatedly failed to provide or is incapable of providing essential food, 15
clothing, shelter, medical care, or education reas onably necessary and 16
available for the child's well -being and that there is no reasonable expectation 17
of significant improvement in the parent's conduct in the immediately 18
foreseeable future, considering the age of the child; 19
(h) That: 20
1. The parent's pare ntal rights to another child have been involuntarily 21
terminated; 22
2. The child named in the present termination action was born subsequent 23
to or during the pendency of the previous termination; and 24
3. The conditions or factors which were the basis for the p revious 25
termination finding have not been corrected; 26
(i) That the parent has been convicted in a criminal proceeding of having caused 27
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or contributed to the death of another child as a result of physical or sexual 1
abuse or neglect; 2
(j) That the child has be en in foster care under the responsibility of the cabinet 3
for fifteen (15) cumulative months out of forty -eight (48) months preceding 4
the filing of the petition to terminate parental rights; or 5
(k) That the child has been removed from the biological or leg al parents more 6
than two (2) times in a twenty -four (24) month period by the cabinet or a 7
court. 8
(3) If the parent has been convicted: 9
(a) Of a felony that involved the infliction of serious physical injury to any 10
child; or 11
(b) In a criminal proceeding of having caused or contributed to the death of 12
another child as a result of physical or sexual abuse or neglect; 13
There shall be a rebuttable presumption that parental rights shall be terminated. 14
(4)[(3)] In determining the best interest of the child and the existence of a ground for 15
termination, the Circuit Court shall consider the following factors: 16
(a) Mental illness as defined by KRS 202A.011(9), or an intellectual disability as 17
defined by KRS 202B.010(9) of the parent as certified by a qualified mental 18
health professional, or a disability as defined in KRS 199.011, if the mental 19
illness, intellectual disability, or disability renders the parent consistently 20
unable to care for the immediate and ongoing physical or psychological needs 21
of the child for extended periods of time; 22
(b) Acts of abuse or neglect as defined in KRS 600.020(1) toward any child in the 23
family; 24
(c) If the child has been placed with the cabinet, whether the cabinet has, prior to 25
the filing of the petition: 26
1. Made reasonable efforts as defined in KRS 620.020 to reunite the child 27
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with the parents unless one or more of the circumstances enumerated in 1
KRS 610.127 for not requiring reasonable efforts have been 2
substantiated in a written finding by the District Court; or 3
2. Provided a parent with a disability as defined in KRS 199.011 with 4
targeted adaptive and supportive services based on an individual 5
assessment of the parent, or has received a written acknowledgement 6
from the parent knowingly and affirmatively rej ecting the offered 7
services; 8
(d) The efforts and adjustments the parent has made in his or her circumstances, 9
conduct, or conditions to make it in the child's best interest to return the child 10
to his or her home within a reasonable period of time, consider ing the age of 11
the child; 12
(e) The physical, emotional, and mental health of the child and the prospects for 13
the improvement of the child's welfare if termination is ordered; and 14
(f) The payment or the failure to pay a reasonable portion of substitute physi cal 15
care and maintenance if financially able to do so. 16
(5)[(4)] If the child has been placed with the cabinet, the parent may present testimony 17
concerning the reunification, adaptive or supportive services offered by the cabinet, 18
and whether additional ser vices would be likely to bring about lasting parental 19
adjustment enabling a return of the child to the parent. 20
(6)[(5)] If the parent proves by a preponderance of the evidence that the child will not 21
continue to be an abused or neglected child as defined i n KRS 600.020(1) if 22
returned to the parent, or if the parent proves by a preponderance of the evidence 23
that appropriate and specifically targeted adaptive or supportive services based 24
upon an individual assessment of the parent have not been offered or pro vided to 25
the parent, the court in its discretion may determine not to terminate parental rights. 26
(7)[(6)] Upon the conclusion of proof and argument of counsel, the Circuit Court shall 27
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enter findings of fact, conclusions of law, and a decision as to each pa rent-1
respondent within thirty (30) days either: 2
(a) Terminating the right of the parent; or 3
(b) Dismissing the petition and stating whether the child shall be returned to the 4
parent or shall remain in the custody of the state. 5
Section 10. This Act may be cited as Jayden's Law. 6