AN ACT relating to the protection of children.

UNOFFICIAL COPY 26 RS BR 1747
Page 1 of 56
XXXX 2/17/2026 11:50 AM Jacketed
AN ACT relating to the protection of children. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 508.090 is amended to read as follows: 3
As used[The following definitions apply] in KRS 508.100 to 508.120 unless the context 4
requires otherwise[otherwise requires]: 5
(1) "Abuse or neglect" means 6
(a) The infliction of: 7
1. Physical pain [,] or injury, including ingestion or inhalation of a 8
controlled substance; or 9
2. Mental injury;[,] or 10
(b) The deprivation of services by a person which are necessary to maintain the 11
health and welfare of a person, or a situation in which an adult, living alone, is 12
unable to provide or obtain for himself or herself the services which are 13
necessary to maintain his or her health or welfare;[. ] 14
(2) "Controlled substance" has the same meaning as in KRS 218A.010; and 15
(3) "Physically helpless" and "mentally helpless" means a person who lacks substantial 16
capacity to defend himself or herself or solicit protection from law enforcement 17
agencies. 18
Section 2. KRS 508.100 is amended to read as follows: 19
(1) A person is gu ilty of criminal abuse or neglect in the first degree when he or she 20
intentionally abuses or neglects another person or permits another person of whom 21
he or she has actual custody to be abused or neglected and thereby: 22
(a) Causes serious physical injury; 23
(b) Places him or her in a situation that may cause him or her serious physical 24
injury; or 25
(c) Causes torture, cruel confinement, or cruel punishment; 26
to a person under thirteen (13) years old [twelve (12) years of age or less] , or who 27
UNOFFICIAL COPY 26 RS BR 1747
Page 2 of 56
XXXX 2/17/2026 11:50 AM Jacketed
is physically helpless or mentally helpless. 1
(2) Criminal abuse or neglect in the first degree is a Class C felony unless the victim is 2
under twelve (12) years old, in which case it is a Class B felony. 3
Section 3. KRS 508.110 is amended to read as follows: 4
(1) A person is guilty of criminal abuse or neglect in the second degree when he or she 5
wantonly abuses or neglects another person or permits another person of whom he 6
or she has actual custody to be abused or neglected and thereby: 7
(a) Causes serious physical injury; or 8
(b) Places him or her in a situation that may cause him or her serious physical 9
injury; or 10
(c) Causes torture, cruel confinement, or cruel punishment; 11
to a person under thirteen (13) year s old[twelve (12) years of age or less] , or who 12
is physically helpless or mentally helpless. 13
(2) Criminal abuse or neglect in the second degree is a Class D felony. 14
Section 4. KRS 508.120 is amended to read as follows: 15
(1) A person is guilty of criminal abuse or neglect in the third degree when he or she 16
recklessly abuses or neglects another person or permits another person of whom he 17
or she has actual custody to be abused or neglected and thereby: 18
(a) Causes serious physical injury; or 19
(b) Places him or her in a situation that may cause him or her serious physical 20
injury; or 21
(c) Causes torture, cruel confinement, or cruel punishment; 22
to a person under thirteen (13) years old [twelve (12) years of age or less] , or wh o 23
is physically helpless or mentally helpless. 24
(2) Criminal abuse or neglect in the third degree is a Class A misdemeanor unless the 25
person is under thirteen (13) years old and the person has suffered serious 26
physical injury by the ingestion or inhalation of a controlled substance, in which 27
UNOFFICIAL COPY 26 RS BR 1747
Page 3 of 56
XXXX 2/17/2026 11:50 AM Jacketed
case it is a Class D felony. 1
Section 5. KRS 15.440 is amended to read as follows: 2
(1) Each unit of government that meets the following requirements shall be eligible to 3
share in the distribution of funds from the Law Enforcement Foundation Program 4
fund: 5
(a) Employs one (1) or more police officers; 6
(b) Pays every police officer at least the minimum federal wage; 7
(c) Requires all police officers to have, at a minimum, a high school degree, or its 8
equivalent as determined by the council, except that each police officer 9
employed prior to the date on which the officer's police department was 10
included as a participant under KRS 15.410 to 15.510 shall be deemed to have 11
met the requirements of this subsection; 12
(d) 1. Requires all police officers to successfully complete a basic training 13
course of nine hundred twenty-eight (928) hours' duration within one (1) 14
year of the date of employment at a school certified or recognized by the 15
council, which may provide a different number of hours of instruction as 16
established in this paragraph, except that each police officer employed 17
prior to the date on which t he officer's police department was included 18
as a participant under KRS 15.410 to 15.510 shall be deemed to have 19
met the requirements of this subsection. 20
2. As the exclusive method by which the number of hours required for 21
basic training courses shall be mo dified from that which is specifically 22
established by this paragraph, the council may, by the promulgation of 23
administrative regulations in accordance with the provisions of KRS 24
Chapter 13A, explicitly set the exact number of hours for basic training 25
at a number different from nine hundred twenty -eight (928) hours based 26
upon a training curriculum approved by the Kentucky Law Enforcement 27
UNOFFICIAL COPY 26 RS BR 1747
Page 4 of 56
XXXX 2/17/2026 11:50 AM Jacketed
Council as determined by a validated job task analysis. 1
3. If the council sets an exact number of hours different from nin e hundred 2
twenty-eight (928) in an administrative regulation as provided by this 3
paragraph, it shall not further change the number of hours required for 4
basic training without promulgating administrative regulations in 5
accordance with the provisions of KRS Chapter 13A. 6
4. Nothing in this paragraph shall be interpreted to prevent the council, 7
pursuant to its authority under KRS 15.330, from approving training 8
schools with a curriculum requiring attendance of a number of hours 9
that exceeds nine hundred twenty -eight (928) hours or the number of 10
hours established in an administrative regulation as provided by 11
subparagraphs 2. and 3. of this paragraph. However, the training 12
programs and schools for the basic training of law enforcement 13
personnel conducted by the department pursuant to KRS 15A.070 shall 14
not contain a curriculum that requires attendance of a number of hours 15
for basic training that is different from nine hundred twenty -eight (928) 16
hours or the number of hours established in an administrative regulati on 17
promulgated by the council pursuant to the provisions of KRS Chapter 18
13A as provided by subparagraphs 2. and 3. of this paragraph. 19
5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 20
to the contrary notwithstanding, the council may, through the 21
promulgation of administrative regulations in accordance with KRS 22
Chapter 13A, approve basic training credit for: 23
a. Years of service credit as a law enforcement officer with previous 24
service in another state; and 25
b. Basic training completed in another state. 26
6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 27
UNOFFICIAL COPY 26 RS BR 1747
Page 5 of 56
XXXX 2/17/2026 11:50 AM Jacketed
to the contrary notwithstanding, the council may, through the 1
promulgation of administrative regulations in accordance with KRS 2
Chapter 13A, approve basic training credit for: 3
a. Completion of eight hundred forty -eight (848) hours of training at 4
a school established pursuant to KRS 15A.070; 5
b. A minimum of fifteen (15) years of experience as a certified law 6
enforcement instructor at a school established pursuant to KRS 7
15A.070; 8
c. Completion of an average of forty (40) hours of Kentucky Law 9
Enforcement Council approved in -service training annually from 10
January 1, 1997, through January 1, 2020; 11
d. Three (3) years of active, full-time service as a: 12
i. City, county, urban -county, charter county, consolidated 13
local, or unified local government police officer; 14
ii. Sheriff's deputy, excluding special deputies appointed under 15
KRS 70.045; 16
iii. Department of Kentucky State Police officer; or 17
iv. Kentucky Department of Fish and W ildlife Resources game 18
warden exercising peace officer powers under KRS 150.090; 19
and 20
e. Completion of the: 21
i. Twenty-four (24) hour legal update Penal Code course; 22
ii. Sixteen (16) hour legal update constitutional procedure 23
course; and 24
iii. Forty (40) hour basic officer skills course within one (1) year 25
prior to applying for certification; 26
(e) Requires all police officers to successfully complete each calendar year an in -27
UNOFFICIAL COPY 26 RS BR 1747
Page 6 of 56
XXXX 2/17/2026 11:50 AM Jacketed
service training course, appropriate to the officer's rank and responsib ility and 1
the size and location of the officer's police department, of forty (40) hours' 2
duration, at a school certified or recognized by the council which may include 3
a four (4) hour course which meets the requirements of paragraph (j) of this 4
subsection. This in-service training requirement shall be waived for the period 5
of time that a peace officer is serving on active duty in the United States 6
Armed Forces. This waiver shall be retroactive for peace officers from the 7
date of September 11, 2001; 8
(f) Complies with all provisions of law applicable to police officers or police 9
departments, including: 10
1. Transmission of data to the centralized criminal history record 11
information system as required by KRS 17.150; and 12
2. Transmission of reports as required by KRS 15.391; 13
(g) Complies with all rules and regulations, appropriate to the size and location of 14
the police department issued by the cabinet to facilitate the administration of 15
the fund and further the purposes of KRS 15.410 to 15.510; 16
(h) Possesses a written policy and procedures manual related to domestic violence 17
for law enforcement agencies that has been approved by the cabinet. The 18
policy shall comply with the provisions of KRS 403.715 to 403.785. The 19
policy shall include: 20
1. A purpose statement; 21
2. Definitions; 22
3. Supervisory responsibilities; 23
4. Procedures for twenty-four (24) hour access to protective orders; 24
5. Procedures for enforcement of court orders or relief when protective 25
orders are violated; 26
6. Procedures for timely and contemporaneous reporting of adult abuse and 27
UNOFFICIAL COPY 26 RS BR 1747
Page 7 of 56
XXXX 2/17/2026 11:50 AM Jacketed
domestic violence to the Cabinet for Health and Family Services, 1
Department for Community Based Services; 2
7. Victim rights, assistance, and service responsibilities; and 3
8. Duties related to timely completion of records; 4
(i) Possesses[ by January 1, 2023,] a written policy and procedures manual 5
related to sexual assault examinations that meets the standards provided by, 6
and has been approved by, the cabinet, and which includes: 7
1. A requirement that evidence collected as a result of a n examination 8
performed under KRS 216B.400 be taken into custody within five (5) 9
days of notice from the collecting facility that the evidence is available 10
for retrieval; 11
2. A requirement that evidence received from a collecting facility relating 12
to an inc ident which occurred outside the jurisdiction of the police 13
department be transmitted to a police department with jurisdiction 14
within ten (10) days of its receipt by the police department; 15
3. A requirement that all evidence retrieved from a collecting facility under 16
this paragraph be transmitted to the Department of Kentucky State 17
Police forensic laboratory within thirty (30) days of its receipt by the 18
police department; 19
4. A requirement that a suspect standard, if available, be transmitted to the 20
Department of Kentucky State Police forensic laboratory with the 21
evidence received from a collecting facility; 22
5. A process for notifying the victim from whom the evidence was 23
collected of the progress of the testing, whether the testing resulted in a 24
match to other DNA samples, and if the evidence is to be destroyed. The 25
policy may include provisions for delaying notice until a suspect is 26
apprehended or the office of the Commonwealth's attorney consents to 27
UNOFFICIAL COPY 26 RS BR 1747
Page 8 of 56
XXXX 2/17/2026 11:50 AM Jacketed
the notification, but shall not automatically require the disclosure of the 1
identity of any person to whom the evidence matched; and 2
6. A requirement that DNA samples collected as a result of an examination 3
performed under KRS 216B.400 that are voluntarily submitted solely for 4
elimination purposes shall not be ch ecked against any DNA index, 5
retained, or included in any DNA index;[ and] 6
(j) Requires all police officers to successfully complete by December 31, 2022, 7
and every two (2) years thereafter, a training course certified by the council of 8
not less than four (4) hours in emergency vehicle operation; and 9
(k) Possesses by December 1, 2026, a written policy and procedures manual 10
related to pediatric ingestion or inhalation of controlled substances that 11
includes a requirement that: 12
1. In each case where a child is suspected to have ingested or inhaled a 13
controlled substance as defined in Section 1 of this Act, a police 14
officer shall seek a search warrant for a urine, blood, or other 15
appropriate test for the person who was responsible for the supervision 16
of the chil d when the controlled substance was ingested or inhaled; 17
and 18
2. Any test sought under subparagraph 1. of this paragraph shall test for 19
the presence of a wide range of substances that include but are not 20
limited to: 21
a. Buprenorphine; 22
b. Fentanyl; 23
c. Methadone; and 24
d. Xylazine. 25
(2) A unit of government which meets the criteria of this section shall be eligible to 26
continue sharing in the distribution of funds from the Law Enforcement Foundation 27
UNOFFICIAL COPY 26 RS BR 1747
Page 9 of 56
XXXX 2/17/2026 11:50 AM Jacketed
Program fund only if the police department of the unit of g overnment remains in 1
compliance with the requirements of this section. 2
(3) Deputies employed by a sheriff's office shall be eligible to participate in the 3
distribution of funds from the Law Enforcement Foundation Program fund 4
regardless of participation by the sheriff. 5
(4) Failure to meet a deadline established in a policy adopted pursuant to subsection 6
(1)(i) of this section for the retrieval or submission of evidence shall not be a basis 7
for a dismissal of a criminal action or a bar to the admissibility o f the evidence in a 8
criminal action. 9
Section 6. KRS 620.055 is amended to read as follows: 10
(1) An external child fatality and near fatality review panel is hereby created and 11
established for the purpose of conducting com prehensive reviews of child fatalities 12
and near fatalities, reported to the Cabinet for Health and Family Services, 13
suspected to be a result of abuse or neglect. The panel shall be attached to the 14
Justice and Public Safety Cabinet for staff and administrative purposes. 15
(2) The external child fatality and near fatality review panel shall be composed of the 16
following five (5) ex officio nonvoting members and seventeen (17) voting 17
members: 18
(a) Two (2) members of the Kentucky General Assembly, one (1) appointed by 19
the President of the Senate and one (1) appointed by the Speaker of the House 20
of Representatives, who shall be ex officio nonvoting members; 21
(b) The commissioner of the Department for Community Based Services, who 22
shall be an ex officio nonvoting member; 23
(c) The commissioner of the Department for Public Health, who shall be an ex 24
officio nonvoting member; 25
(d) A family court judge selected by the Chief Justice of the Kentucky Supreme 26
Court, who shall be an ex officio nonvoting member[members]; 27
UNOFFICIAL COPY 26 RS BR 1747
Page 10 of 56
XXXX 2/17/2026 11:50 AM Jacketed
(e) A pedi atrician from the University of Kentucky's Department of Pediatrics 1
who is licensed and experienced in forensic medicine relating to child abuse 2
and neglect to be selected by the Attorney General from a list of three (3) 3
names provided by the dean of the U niversity of Kentucky School of 4
Medicine; 5
(f) A pediatrician from the University of Louisville's Department of Pediatrics 6
who is licensed and experienced in forensic medicine relating to child abuse 7
and neglect to be selected by the Attorney General from a list of three (3) 8
names provided by the dean of the University of Louisville School of 9
Medicine; 10
(g) The state medical examiner or designee; 11
(h) A court-appointed special advocate (CASA) program director to be selected 12
by the Attorney General from a list of three (3) names provided by the 13
Kentucky CASA Association; 14
(i) A peace officer with experience investigating child abuse and neglect 15
fatalities and near fatalities to be selected by the Attorney General from a list 16
of three (3) names provided by the com missioner of the Kentucky State 17
Police; 18
(j) A representative from Prevent Child Abuse Kentucky, Inc. to be selected by 19
the Attorney General from a list of three (3) names provided by the president 20
of the Prevent Child Abuse Kentucky, Inc. board of directors; 21
(k) A practicing local prosecutor to be selected by the Attorney General; 22
(l) The executive director of the Kentucky Domestic Violence Association or the 23
executive director's designee; 24
(m) The chairperson of the State Child Fatality Review Team establis hed in 25
accordance with KRS 211.684 or the chairperson's designee; 26
(n) A practicing social work clinician to be selected by the Attorney General from 27
UNOFFICIAL COPY 26 RS BR 1747
Page 11 of 56
XXXX 2/17/2026 11:50 AM Jacketed
a list of three (3) names provided by the Board of Social Work; 1
(o) A practicing addiction counselor to be selected by the Attorney General from 2
a list of three (3) names provided by the Kentucky Association of Addiction 3
Professionals; 4
(p) A representative from the family resource and youth service centers to be 5
selected by the Attorney General from a list of t hree (3) names submitted by 6
the Cabinet for Health and Family Services; 7
(q) A representative of a community mental health center to be selected by the 8
Attorney General from a list of three (3) names provided by the Kentucky 9
Association of Regional Mental H ealth and Mental Retardation Programs, 10
Inc.; 11
(r) A member of a citizen foster care review board selected by the Chief Justice 12
of the Kentucky Supreme Court; 13
(s) An at-large representative who shall serve as chairperson to be selected by the 14
Secretary of State; 15
(t) The president of the Kentucky Coroners Association; and 16
(u) A practicing medication -assisted treatment provider to be selected by the 17
Attorney General f rom a list of three (3) names provided by the Kentucky 18
Board of Medical Licensure. 19
(3) (a) [By August 1, 2013, ] The appointing authority or the appointing authorities, 20
as the case may be, shall have appointed panel members. Initial terms of 21
members, other than those serving ex officio, shall be staggered to provide 22
continuity. Initial appointments shall be: five (5) members for terms of one (1) 23
year, five (5) members for terms of two (2) years, and five (5) members for 24
terms of three (3) years, these terms to expire, in each instance, on June 30 25
and thereafter until a successor is appointed and accepts appointment. 26
(b) Upon the expiration of these initial staggered terms, successors shall be 27
UNOFFICIAL COPY 26 RS BR 1747
Page 12 of 56
XXXX 2/17/2026 11:50 AM Jacketed
appointed by the respective appointing authorities [,] for terms of two (2) 1
years[,] and until successors are appointed and accept their appointments. 2
Members shall be eligible for reappointment. Vacancies in the membership of 3
the panel shall be filled in the same manner as the original appointments. 4
(c) At any time, a pan el member shall recuse himself or herself from the review 5
of a case if the panel member believes he or she has a personal or private 6
conflict of interest. 7
(d) If a voting panel member is absent from two (2) or more consecutive, 8
regularly scheduled meetings , the member shall be considered to have 9
resigned and shall be replaced with a new member in the same manner as the 10
original appointment. 11
(e) If a voting panel member is proven to have violated subsection (13) of this 12
section, the member shall be removed f rom the panel, and the member shall 13
be replaced with a new member in the same manner as the original 14
appointment. 15
(4) The panel shall meet at least quarterly and may meet upon the call of the 16
chairperson of the panel. 17
(5) Members of the panel shall receive no compensation for their duties related to the 18
panel, but may be reimbursed for expenses incurred in accordance with state 19
guidelines and administrative regulations. 20
(6) Each panel member shall be provided copies of all information set out in this 21
subsection, including but not limited to records and information, upon request, to be 22
gathered, unredacted, and submitted to the panel within thirty (30) days by the 23
Cabinet for Health and Family Services from the Department for Community Based 24
Services or any a gency, organization, or entity involved with a child subject to a 25
fatality or near fatality: 26
(a) Cabinet for Health and Family Services records and documentation regarding 27
UNOFFICIAL COPY 26 RS BR 1747
Page 13 of 56
XXXX 2/17/2026 11:50 AM Jacketed
the deceased or injured child and his or her caregivers, residents of the home, 1
and persons supervising the child at the time of the incident that include all 2
records and documentation set out in this paragraph: 3
1. All prior and ongoing investigations, services, or contacts; 4
2. [Any and ]All records of services to the family provided by a gencies or 5
individuals contracted by the Cabinet for Health and Family Services; 6
and 7
3. All documentation of actions taken as a result of child fatality internal 8
reviews conducted pursuant to KRS 620.050(12)(b); 9
(b) Licensing reports from the Cabinet for H ealth and Family Services, Office of 10
Inspector General, if an incident occurred in a licensed facility; 11
(c) All available records regarding protective services provided out of state; 12
(d) All records of services provided by the Department for Juvenile Justi ce 13
regarding the deceased or injured child and his or her caregivers, residents of 14
the home, and persons involved with the child at the time of the incident; 15
(e) Autopsy reports; 16
(f) Emergency medical service, fire department, law enforcement, coroner, and 17
other first responder reports, including but not limited to photos and 18
interviews with family members and witnesses; 19
(g) Medical records regarding the deceased or injured child, including but not 20
limited to all records and documentation set out in this paragraph: 21
1. Primary care records, including progress notes; developmental 22
milestones; growth charts that include head circumference; all 23
laboratory and X-ray requests and results; and birth record that includes 24
record of delivery type, complications, and i nitial physical exam of 25
baby; 26
2. In-home provider care notes about observations of the family, bonding, 27
UNOFFICIAL COPY 26 RS BR 1747
Page 14 of 56
XXXX 2/17/2026 11:50 AM Jacketed
others in home, and concerns; 1
3. Hospitalization and emergency department records; 2
4. Dental records; 3
5. Specialist records; and 4
6. All photographs of injuries of the child that are available; 5
(h) Educational records of the deceased or injured child, or other children residing 6
in the home where the incident occurred, including but not limited to the 7
records and documents set out in this paragraph: 8
1. Attendance records; 9
2. Special education services; 10
3. School-based health records; and 11
4. Documentation of any interaction and services provided to the children 12
and family. 13
The release of educational records shall comply[be in compliance] with the 14
Family Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g and its 15
implementing regulations; 16
(i) Head Start records or records from any other child care or early child care 17
provider; 18
(j) Records of any Family, Circuit, or District Court invol vement with the 19
deceased or injured child and his or her caregivers, residents of the home and 20
persons involved with the child at the time of the incident that include but are 21
not limited to the juvenile and family court records and orders set out in this 22
paragraph, pursuant to KRS Chapters 199, 403, 405, 406, and 600 to 645: 23
1. Petitions; 24
2. Court reports by the Department for Community Based Services, 25
guardian ad litem, court -appointed special advocate, and the Citizen 26
Foster Care Review Board; 27
UNOFFICIAL COPY 26 RS BR 1747
Page 15 of 56
XXXX 2/17/2026 11:50 AM Jacketed
3. All ord ers of the court, including temporary, dispositional, or 1
adjudicatory; and 2
4. Documentation of annual or any other review by the court; 3
(k) Home visit records from the Department for Public Health or other services; 4
(l) All information on prior allegations of abuse or neglect and deaths of children 5
of adults residing in the household; 6
(m) All law enforcement records and documentation regarding the deceased or 7
injured child and his or her caregivers, residents of the home, and persons 8
involved with the child at the time of the incident; and 9
(n) Mental health records regarding the deceased or injured child and his or her 10
caregivers, residents of the home, and persons involved with the child at the 11
time of the incident. 12
(7) The panel may seek the advice of expe rts, such as persons specializing in the fields 13
of psychiatric and forensic medicine, nursing, psychology, social work, education, 14
law enforcement, family law, or other related fields, if the facts of a case warrant 15
additional expertise. 16
(8) The panel shal l post updates after each meeting to the website of the Justice and 17
Public Safety Cabinet regarding case reviews, findings, and recommendations. 18
(9) The panel chairperson, or other requested persons, shall report a summary of the 19
panel's discussions and pr oposed or actual recommendations to the Interim Joint 20
Committee on Families and Children of the Kentucky General Assembly monthly 21
or at the request of a committee co -chair. The goal of the committee shall be to 22
ensure impartiality regarding the operations of the panel during its review process. 23
(10) (a) The panel shall publish an annual report by February 1 of each year consisting 24
of case reviews, findings, and recommendations for system and process 25
improvements to help prevent child fatalities and near fat alities that are due to 26
abuse and neglect. The report shall be submitted to the Governor, the 27
UNOFFICIAL COPY 26 RS BR 1747
Page 16 of 56
XXXX 2/17/2026 11:50 AM Jacketed
secretary of the Cabinet for Health and Family Services, the Chief Justice of 1
the Supreme Court, the Attorney General, the State Child Abuse and Neglect 2
Prevention Board established pursuant to KRS 15.905, and the director of the 3
Legislative Research Commission for distribution to the Interim Joint 4
Committee on Families and Children [,] and the Interim Joint Committee on 5
Judiciary. 6
(b) The panel shall determine which agency is responsible for implementing each 7
recommendation, and shall forward each recommendation in writing to the 8
appropriate agency. 9
(c) Any agency that receives a recommendation from the panel shall, within 10
ninety (90) days of receipt: 11
1. Respond to the panel with a written notice of intent to implement the 12
recommendation, an explanation of how the recommendation will be 13
implemented, and an approximate time frame of implementation; or 14
2. Respond to the panel with a written notice that the agency does not 15
intend to implement the recommendation, and a detailed explanation of 16
why the recommendation cannot be implemented. 17
(11) (a) Information and record copies that are confidential under state or federal law 18
and are provided to the external child fatality and near fatality review panel by 19
the Cabinet for Health and Family Services, the Department for Community 20
Based Services, or any agency, organization, or entity for review shall not 21
become the information and records of the panel and shall not lose their 22
confidentiality by virtue of the panel's access to the information and records. 23
(b) The original information and records used to generate information and record 24
copies provided to the panel in accordance with subsection (6) of this section 25
shall be maintained by the appropriate agency in accordance with state and 26
federal law and shall be subject to the Kentucky Open Records Act, KRS 27
UNOFFICIAL COPY 26 RS BR 1747
Page 17 of 56
XXXX 2/17/2026 11:50 AM Jacketed
61.870 to 61.884. 1
(c) All open records requests shall be made to the appropriate agency, not to the 2
external child fatality and near fatality review panel or any of the panel 3
members. Information and record cop ies provided to the panel for review 4
shall be exempt from the Kentucky Open Records Act, KRS 61.870 to 61.884. 5
(d) At the conclusion of the panel's examination, all copies of information and 6
records provided to the panel involving an individual case shall be destroyed 7
by the Justice and Public Safety Cabinet. 8
(12) (a) Notwithstanding any provision of law to the contrary, the portions of the 9
external child fatality and near fatality review panel meetings during which an 10
individual child fatality or near fatality case is reviewed or discussed by panel 11
members may be a closed session and subject to the provisions of KRS 12
61.815(1) and shall only occur following the conclusion of an open session. 13
At the conclusion of the closed session, the panel shall immediatel y convene 14
an open session and give a summary of what occurred during the closed 15
session. 16
(b) The external child fatality and near fatality review panel may compel the 17
attendance of individuals from an investigating agency to discuss cases that 18
are being reviewed or discussed by the panel under paragraph (a) of this 19
subsection in closed session. 20
(13) Each member of the external child fatality and near fatality review panel, any 21
person attending a closed panel session, and any person presenting information or 22
records on an individual child fatality or near fatality shall not release information 23
or re cords not available under the Kentucky Open Records Act, KRS 61.870 to 24
61.884, to the public. 25
(14) A member of the external child fatality and near fatality review panel shall not be 26
prohibited from making a good faith report to any state or federal agency of any 27
UNOFFICIAL COPY 26 RS BR 1747
Page 18 of 56
XXXX 2/17/2026 11:50 AM Jacketed
information or issue that the panel member believes should be reported or disclosed 1
[in an effort ] to facilitate effectiveness and transparency in Kentucky's child 2
protective services. 3
(15) A member of the external child fatality and near fatality review panel shall not be 4
held liable for any civil damages or criminal penalties pursuant to KRS 620.990 as 5
a result of any action taken or omitted in the performance of the member's duties 6
pursuant to this section and KRS 620.050, except for violations o f subsection (11), 7
(12), or (13) of this section. 8
(16) The proceedings, records, opinions, and deliberations of the external child fatality 9
and near fatality review panel shall be privileged and shall not be subject to 10
discovery, subpoena, or introduction into evidence in any civil or criminal actions 11
in any manner that would directly or indirectly identify specific persons or cases 12
reviewed by the panel. Nothing in this subsection shall be construed to restrict or 13
limit the right to discover or use in any civil action any evidence that is 14
discoverable independent of the proceedings of the panel. 15
(17) The Legislative Oversight and Investigations Committee of the Kentucky General 16
Assembly shall conduct an annual evaluation of the external child fatality and n ear 17
fatality review panel established pursuant to this section to monitor the operations, 18
procedures, and recommendations of the panel and shall report its findings to the 19
General Assembly. 20
Section 7. KRS 15.334 is amended to read as follows: 21
(1) The Kentucky Law Enforcement Council shall approve mandatory training subjects 22
to be taught to all students attending a law enforcement basic training course that 23
include but are not limited to: 24
(a) Abuse, neglect, and exploitati on of the elderly and other crimes against the 25
elderly, including the use of multidisciplinary teams in the investigation and 26
prosecution of crimes against the elderly; 27
UNOFFICIAL COPY 26 RS BR 1747
Page 19 of 56
XXXX 2/17/2026 11:50 AM Jacketed
(b) The dynamics of domestic violence, pediatric abusive head trauma, as defined 1
in KRS 620.020, child physical and sexual abuse, and rape; child 2
development; the effects of abuse and crime on adult and child victims, 3
including the impact of abuse and violence on child development; legal 4
remedies for protection; lethality and risk issues; pr ofiles of offenders and 5
offender treatment; model protocols for addressing domestic violence, rape, 6
pediatric abusive head trauma, as defined in KRS 620.020, and child abuse; 7
available community resources and victim services; and reporting 8
requirements. Th is training shall be developed in consultation with legal, 9
victim services, victim advocacy, and mental health professionals with 10
expertise in domestic violence, child abuse, and rape. Training in recognizing 11
pediatric abusive head trauma may be designed i n collaboration with 12
organizations and agencies that specialize in the prevention and recognition of 13
pediatric abusive head trauma approved by the secretary of the Cabinet for 14
Health and Family Services; 15
(c) Human immunodeficiency virus infection and acqui red immunodeficiency 16
virus syndrome; 17
(d) Identification and investigation of, responding to, and reporting bias -related 18
crime, victimization, or intimidation that is a result of or reasonably related to 19
race, color, religion, sex, or national origin; 20
(e) The characteristics and dynamics of human trafficking, state and federal laws 21
relating to human trafficking, the investigation of cases involving human 22
trafficking, including but not limited to screening for human trafficking, and 23
resources for assistance to the victims of human trafficking; 24
(f) [Beginning January 1, 2017, the council shall require that a law enforcement 25
basic training course include ] At least eight (8) hours of training relevant to 26
sexual assault;[ and] 27
UNOFFICIAL COPY 26 RS BR 1747
Page 20 of 56
XXXX 2/17/2026 11:50 AM Jacketed
(g) Education on female genital mutil ation as defined in KRS 508.125, including 1
the risk factors associated with female genital mutilation, the criminal 2
penalties for committing female genital mutilation, and the psychological and 3
health effects on a victim of female genital mutilation; and 4
(h) The characteristics, dynamics, and investigation of pediatric ingestion or 5
inhalation of controlled substances. 6
(2) (a) The council shall develop and approve mandatory in -service training courses 7
to be presented to all certified peace officers. The coun cil may promulgate 8
administrative regulations in accordance with KRS Chapter 13A setting forth 9
the deadlines by which all certified peace officers shall attend the mandatory 10
in-service training courses. 11
(b) [Beginning January 1, 2017, ] The council shall es tablish a forty (40) hour 12
sexual assault investigation training course. [After January 1, 2019, ]Agencies 13
shall maintain officers on staff who have completed the forty (40) hour sexual 14
assault investigation training course in accordance with the following: 15
1. Agencies with more than ten (10) but fewer than twenty -one (21) full -16
time officers shall maintain one (1) officer who has completed the forty 17
(40) hour sexual assault investigation training course; 18
2. Agencies with twenty -one (21) or more but fewer tha n fifty -one (51) 19
full-time officers shall maintain at least two (2) officers who have 20
completed the forty (40) hour sexual assault investigation training 21
course; and 22
3. Agencies with fifty-one (51) or more full -time officers shall maintain at 23
least four (4 ) officers who have completed the sexual assault 24
investigation course. 25
(c) An agency shall not make an officer directly responsible for the investigation 26
or processing of sexual assault offenses unless that officer has completed the 27
UNOFFICIAL COPY 26 RS BR 1747
Page 21 of 56
XXXX 2/17/2026 11:50 AM Jacketed
forty (40) hour sexual assault investigation training course. 1
(d) The council may, upon applicatio n by any agency, grant an exemption from 2
the training requirements set forth in paragraph (b) of this subsection if that 3
agency, by limitations arising from its scope of authority, does not conduct 4
sexual assault investigations. 5
(e) Any agency failing to c omply with paragraph (b) or (c) of this subsection 6
shall, from the date the noncompliance commences, have one (1) year to 7
reestablish the minimum number of trained officers required. 8
(3) (a) The Justice and Public Safety Cabinet shall provide training on t he subjects 9
of: 10
1. Domestic violence and abuse [ and may do so utilizing currently 11
available technology] . All certified peace officers shall be required to 12
complete this training at least once every two (2) years; and 13
2. Pediatric ingestion or inhalation of controlled substances. All certified 14
peace officers shall be required to complete this training at least once 15
every three (3) years. 16
(b) Training required under paragraph (a) of this subsection may be completed 17
utilizing currently available technology. 18
(4) The council shall promulgate administrative regulations in accordance with KRS 19
Chapter 13A to establish mandatory basic training and in-service training courses. 20
Section 8. KRS 194A.545 is amended to read as follows: 21
(1) The secretary for health and family services shall develop an initial training course 22
and continuing education courses for employees of the Department for Community 23
Based Services concerning the: 24
(a) Dynamics of domestic violence and elder abuse, neglec t, and exploitation; 25
effects of domestic violence and elder abuse, neglect, and exploitation on 26
adult and child victims; 27
UNOFFICIAL COPY 26 RS BR 1747
Page 22 of 56
XXXX 2/17/2026 11:50 AM Jacketed
(b) Legal remedies for protection; 1
(c) Lethality and risk issues; 2
(d) Model protocols for addressing domestic violence; and 3
(e) Available community resources and victim services; and reporting 4
requirements. 5
The training shall be developed in consultation with legal, victim services, victim 6
advocacy, and mental health professionals with an expertise in domestic violence. 7
(2) Each person e mployed by the Department for Community Based Services who 8
provides supervisory or direct service at the local, district, or state level shall 9
successfully complete the initial training course and, at least once every two (2) 10
years, the continuing educatio n course developed under subsection (1) of this 11
section. 12
(3) The secretary is encouraged to include an educational component covering the 13
recognition and prevention of: 14
(a) Pediatric abusive head trauma, as defined in KRS 620.020; and[,] 15
(b) Pediatric ingestion or inhalation of controlled substances; 16
as part of the initial training and continuing education for Department for 17
Community Based Services front-line child protection staff. 18
Section 9. KRS 199.896 is amended to read as follows: 19
(1) A[No] person, association, or organization shall not conduct, operate, maintain, or 20
advertise any child -care center without obtaining a license as provided in KRS 21
199.892 to 199.896. 22
(2) The cabinet may promulgate administrative regulations pursuant to KRS Chapter 23
13A relating to license fees and may, in th e administrative regulations, establish 24
standards of care and service for a child -care center, criteria for the denial of a 25
license if criminal records indicate convictions that may impact the safety and 26
security of children in care, and procedures for enf orcement of penalties which are 27
UNOFFICIAL COPY 26 RS BR 1747
Page 23 of 56
XXXX 2/17/2026 11:50 AM Jacketed
not in contravention of this section. 1
(3) Each initial application for a license shall be made to the cabinet and shall be 2
accompanied by a fee that shall not exceed administrative costs of the program to 3
the cabinet and shall be renewable annually upon expiration and reapplication when 4
accompanied by a renewal fee that shall not exceed administrative costs of the 5
program to the cabinet. Regular licenses and renewals thereof shall expire one (1) 6
year from their effective date. 7
(4) A[No] child-care center shall not be refused a license or have its license revoked for 8
failure to meet standards set by the secretary until after the expiration of a period 9
not to exceed six (6) months from the date of the first official notice that the 10
standards have not been met. If [, h owever,] the cabinet has probable cause to 11
believe that an immediate threat to the public health, safety, or welfare exists, the 12
cabinet may take emergency action pursuant to KRS 13B.125. All administrative 13
hearings conducted under authority of KRS 199.892 to 199.896 shall be conducted 14
in accordance with KRS Chapter 13B. 15
(5) If, upon inspection or investigation, the inspector general finds that a child -care 16
center licensed under this section has violated the administrative regulations, 17
standards, or require ments of the cabinet, the inspector general shall issue a 18
statement of deficiency to the center containing: 19
(a) A statement of fact; 20
(b) A statement of how an administrative regulation, standard, or requirement of 21
the cabinet was violated; and 22
(c) The timeframe, negotiated with the child-care center, within which a violation 23
is to be corrected, except that a violation that poses an immediate threat to the 24
health, safety, or welfare of children in the center shall be corrected in no 25
event later than five (5) working days from the date of the statement of 26
deficiency. 27
UNOFFICIAL COPY 26 RS BR 1747
Page 24 of 56
XXXX 2/17/2026 11:50 AM Jacketed
(6) The Cabinet for Health and Family Services, in consultation with the Office of the 1
Inspector General, shall establish by administrative regulations promulgated in 2
accordance with KRS Chapter 1 3A an informal dispute resolution process through 3
which a child-care provider may dispute licensure deficiencies that have an adverse 4
effect on the child-care provider's license. 5
(7) A child -care center shall have the right to appeal to the Cabinet for Hea lth and 6
Family Services under KRS Chapter 13B any action adverse to its license or the 7
assessment of a civil penalty issued by the inspector general as the result of a 8
violation contained in a statement of deficiency within twenty (20) days of the 9
issuance of the action or assessment of the civil penalty. An appeal shall not act to 10
stay the correction of a violation. 11
(8) In assessing the civil penalty to be levied against a child -care center for a violation 12
contained in a statement of deficiency issued unde r this section, the inspector 13
general or the inspector general's designee shall take into consideration the 14
following factors: 15
(a) The gravity of the threat to the health, safety, or welfare of children posed by 16
the violation; 17
(b) The number and type of previous violations of the child-care center; 18
(c) The reasonable diligence exercised by the child -care center and efforts to 19
correct the violation; and 20
(d) The amount of assessment necessary to assure immediate and continued 21
compliance. 22
(9) Upon a child -care center's failure to take action to correct a violation of the 23
administrative regulations, standards, or requirements of the cabinet contained in a 24
statement of deficiency, or at any time when the operation of a child -care center 25
poses an immediate threat to the health, safety, or welfare of children in the center, 26
and the child-care center continues to operate after the cabinet has taken emergency 27
UNOFFICIAL COPY 26 RS BR 1747
Page 25 of 56
XXXX 2/17/2026 11:50 AM Jacketed
action to deny, suspend, or revoke its license, the cabinet or the cabinet's designee 1
shall take at least one (1) of the following actions against the center: 2
(a) Institute proceedings to obtain an order compelling compliance with the 3
administrative regulations, standards, and requirements of the cabinet; 4
(b) Institute injunctive proceedings in Circuit Court to te rminate the operation of 5
the center; 6
(c) Institute action to discontinue payment of child-care subsidies; or 7
(d) Suspend or revoke the license or impose other penalties provided by law. 8
(10) Upon request of any person, the cabinet shall provide information regarding the 9
denial, revocation, suspension, or violation of any type of child -care center license 10
of the operator. Identifying information regarding children and their families shall 11
remain confidential. 12
(11) The cabinet shall provide, upon request, pub lic information regarding the 13
inspections of and the plans of correction for the child -care center within the past 14
year. All information distributed by the cabinet under this subsection shall include a 15
statement indicating that the reports as provided unde r this subsection from the past 16
five (5) years are available from the child -care center upon the parent's, custodian's, 17
guardian's, or other interested person's request. 18
(12) All fees collected under the provisions of KRS 199.892 to 199.896 for license and 19
certification applications shall be paid into the State Treasury and credited to a 20
special fund for the purpose of administering KRS 199.892 to 199.896 including the 21
payment of expenses of and to the participants in child -care workshops. The funds 22
collected are hereby appropriated for the use of the cabinet. The balance of the 23
special fund shall lapse to the general fund at the end of each biennium. 24
(13) Any advertisement for child -care services shall include the address of where the 25
service is being provided. 26
(14) All inspections of licensed and unlicensed child -care centers by the Cabinet for 27
UNOFFICIAL COPY 26 RS BR 1747
Page 26 of 56
XXXX 2/17/2026 11:50 AM Jacketed
Health and Family Services shall be unannounced. 1
(15) All employees and owners of a child -care center who provide care to children shall 2
demonstrate within the first three (3) months of employment completion of at least 3
a total of six (6) hours of orientation in the following areas: 4
(a) Basic health, safety, and sanitation; 5
(b) Recognizing and reporting child abuse; and 6
(c) Developmentally appropriate child-care practice. 7
(16) All employees and owners of a child -care center who provide care to children shall 8
annually demonstrate to the department completion of at least six (6) hours of 9
training in child development. These hours shall include but are not limited to: 10
(a) One and one -half (1.5) hours one (1) time every five (5) years of continuing 11
education in the recognition and prevention of pediatric abusive head trauma, 12
as defined in KRS 620.020. Training in recognizing pediatric abusive head 13
trauma may be designed in collaboration with organizations and agencies that 14
specialize in the prevention and recognition of pediatric head trauma approved 15
by the secretary of the Cabinet for Health and Family Services; and 16
(b) One (1) hour one (1) time every three (3) years of continuing education in 17
the recognition and prevention of pediatric ingestion or inhalation of 18
controlled substances. 19
The continuing education [one and one -half (1.5) hours] required under this 20
subsection[section] shall be included in the current number of required continuing 21
education hours. 22
(17) The Cabinet for Health and Family Services shall make available either through the 23
development or approval of a model training curriculum and training materials, 24
including video instructional materials, to cover the areas specified in subsection 25
(15) of this section. The cabinet shall develop or approve the model training 26
curriculum and training materials to cover the areas specified in subsection (15) of 27
UNOFFICIAL COPY 26 RS BR 1747
Page 27 of 56
XXXX 2/17/2026 11:50 AM Jacketed
this section. 1
(18) Child-care centers licensed pursuant to this section and family child -care homes 2
certified pursuant to KRS 199.8982 shall not use corporal physical discipline, 3
including the use of spanking, shaking, or paddling, as a means of punishment, 4
discipline, behavior modification, or for any other reason. For the purposes of this 5
section, "corporal physical discipline" means the deliberate infliction of physical 6
pain and does not include spontaneous physical contact that is intended to protect a 7
child from immediate danger. 8
(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 administ rative 15
regulations related to tuberculosis screenings; and 16
(d) Be exempt from all other child -care center licensure requirements and 17
administrative regulations. 18
(20) Child-care centers that provide instructional and educational programs for 19
preschool-aged children that operate for 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
(21) Instructional programs for s chool-age children that offer, whether free or for a fee, 23
recreational, educational, sports training, or vacation programs that include but are 24
not limited to martial arts and dance programs to children under eighteen (18) years 25
of age, that a child attend s outside the presence of his or her parent or legal 26
guardian, shall be exempt from all child -care licensure administrative regulations if 27
UNOFFICIAL COPY 26 RS BR 1747
Page 28 of 56
XXXX 2/17/2026 11:50 AM Jacketed
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 represe nt that the program 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 p articipating in the 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 b ackground information check from the Justice and 17
Public Safety Cabinet or Administrative Office of the Courts. 18
(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
(23) A director or employee of a child -care center may be employed on a probationary 22
status pending receipt of the criminal background check. Application for the 23
criminal record of a probationary employee shall be made no later than the date 24
probationary employment begins. 25
(24) The cabinet shall promulgate administrative regulations to identify emergency care 26
providers who provide essential child -care services during an i dentified state of 27
UNOFFICIAL COPY 26 RS BR 1747
Page 29 of 56
XXXX 2/17/2026 11:50 AM Jacketed
emergency. 1
(25) Notwithstanding any state law, administrative regulation, executive order, or 2
executive directive to 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 group size or the ability to combine classes and 6
groups for capacity limits in the morning or afternoon that is below the nu mber that 7
was in effect on February 1, 2020. 8
Section 10. KRS 199.8982 is amended to read as follows: 9
(1) (a) The cabinet shall establish a family child -care home certification program 10
which shall be administered by the d epartment. A family child -care provider 11
shall apply for certification of the provider's home if the provider is caring for 12
four (4) to six (6) children unrelated to the provider. A family child -care 13
provider caring for three (3) or fewer children may apply for certification of 14
the provider's home at the discretion of the provider. Applicants for 15
certification shall not have been found by the cabinet or a court to have 16
abused or neglected a child, and shall meet the following minimum 17
requirements: 18
1. Submit two (2) written character references; 19
2. Provide a written statement from a physician or advanced practice 20
registered nurse that the applicant is in good health; 21
3. Submit to a criminal record check in accordance with KRS 199.8965; 22
4. Provide smoke detectors, a telephone, an adequate water supply, 23
sufficient lighting and space, and a safe environment in the residence in 24
which care is provided; 25
5. Provide a copy of the results of a tuberculosis risk assessment and the 26
results of any appropriate follow -up with skin testing or chest X -ray for 27
UNOFFICIAL COPY 26 RS BR 1747
Page 30 of 56
XXXX 2/17/2026 11:50 AM Jacketed
applicants who are determined to be at risk for developing tuberculosis 1
in accordance with the recommendations of the Centers for Disease 2
Control and Prevention within thirty (30) days of the date of application 3
for certification; and 4
6. Demonstrate completion of a total of at least six (6) hours of training in 5
the following areas within three (3) months of application for 6
certification: 7
a. Basic health, safety, and sanitation; 8
b. Recognizing and reporting child abuse; and 9
c. Developmentally appropriate child-care practice. 10
(b) Initial applications for certification shall be made to the department. The 11
cabinet may promulgate administrative regulations to establish fees that shall 12
not exceed costs of the program to the cabinet, for proper administration of 13
the certification. The department shall issue a certificate of operation upon 14
inspecting the family child -care home and determining the provider's 15
compliance with the provisions of this section. The inspection shall b e 16
unannounced. A certificate of operation issued pursuant to this section shall 17
not be transferable and shall be renewed every two (2) years for a fee that 18
shall not exceed costs of the program to the cabinet for renewal. 19
(c) A certified family child-care provider shall display the certificate of operation 20
in a prominent place within the residence in which care is provided. The 21
cabinet shall provide the certified family child -care provider with written 22
information explaining the requirements for a family da y-care provider and 23
instructions on the method of reporting violations of the requirements which 24
the provider shall distribute to parents. 25
(d) Upon request of any person, the cabinet shall provide information regarding 26
the denial, revocation, suspension, or violation of any type of day -care license 27
UNOFFICIAL COPY 26 RS BR 1747
Page 31 of 56
XXXX 2/17/2026 11:50 AM Jacketed
of the family child -care provider. Identifying information regarding children 1
and their families shall remain confidential. 2
(e) The cabinet shall provide, upon request, public information regarding the 3
inspections of and the plans of correction for the family child -care home 4
within the past year. All information distributed by the cabinet under this 5
paragraph shall include a statement indicating that the reports as provided 6
under this paragraph from the past five (5) years are available from the family 7
child-care home upon the parent's, custodian's, guardian's, or other interested 8
person's request. 9
(f) The cabinet shall promulgate administrative regulations in accordance with 10
KRS Chapter 13A which establish standar ds for the issuance, monitoring, 11
release of information under this section and KRS 199.896 and 199.898, 12
renewal, denial, revocation, and suspension of a certificate of operation for a 13
family child-care home and establish criteria for the denial of certific ation if 14
criminal records indicate convictions that may impact the safety and security 15
of children in care. A denial, suspension, or revocation of a certificate may be 16
appealed, and upon appeal an administrative hearing shall be conducted in 17
accordance wit h KRS Chapter 13B. If the cabinet has probable cause to 18
believe that there is an immediate threat to the public health, safety, or 19
welfare, the cabinet may take emergency action to suspend a certificate 20
pursuant to KRS 13B.125. The cabinet shall promulgate administrative 21
regulations to impose minimum staff -to-child ratios. The cabinet may 22
promulgate administrative regulations relating to other requirements 23
necessary to ensure minimum safety in family child -care homes. The cabinet 24
shall develop and provide an ["]easy-to-read["] guide containing the following 25
information to a family child -care provider seeking certification of his or her 26
home: 27
UNOFFICIAL COPY 26 RS BR 1747
Page 32 of 56
XXXX 2/17/2026 11:50 AM Jacketed
1. Certification requirements and procedures; 1
2. Information about available child-care training; and 2
3. Child-care food sponsoring organizations. 3
(2) Family child -care providers shall annually demonstrate to the department 4
completion of at least six (6) hours of training in child development. These hours 5
shall include but are not limited to: 6
(a) One and one -half (1.5) ho urs one (1) time every five (5) years of continuing 7
education in the recognition and prevention of pediatric abusive head trauma, 8
as defined in KRS 620.020. Training in recognizing pediatric abusive head 9
trauma may be designed in collaboration with organiz ations and agencies that 10
specialize in the prevention and recognition of pediatric abusive head trauma 11
approved by the secretary of the Cabinet for Health and Family Services; and 12
(b) One (1) hour one (1) time every three (3) years of continuing education in 13
the recognition and prevention of pediatric ingestion or inhalation of 14
controlled substances. 15
The [one and one -half (1.5) hours of ] continuing education required under this 16
subsection[section] shall be included in the current number of required continu ing 17
education hours. 18
(3) The cabinet shall, either through the development of or approval of, make available 19
a model training curriculum and training materials, including video instructional 20
materials, to cover the areas specified in subsection (1)(a)6. of this section. The 21
cabinet shall develop or approve the model training curriculum and training 22
materials to cover the areas specified in subsection (1)(a)6. of this section. 23
(4) (a) As used in this subsection "local government" means a city, county, charte r 24
county, urban-county government, consolidated local government, or unified 25
local government. 26
(b) The provisions of this section shall supersede all local government ordinances 27
UNOFFICIAL COPY 26 RS BR 1747
Page 33 of 56
XXXX 2/17/2026 11:50 AM Jacketed
or regulations pertaining to the certification, licensure, and training 1
requirements related to the operation of family child -care homes and a[no] 2
local government shall not adopt or enforce any additional licensure, 3
certification, or training requirements specifically applicable to family child -4
care homes in addition to those provi ded in this section. This subsection shall 5
not be interpreted or construed to exempt family child -care homes from 6
compliance with local government ordinances and regulations that apply 7
generally within the jurisdiction. 8
(c) Because the availability of adequate child-care as an essential business is vital 9
to the Commonwealth's state and local economies, [ by January 1, 2022,] a 10
local government that has adopted land use regulations pursuant to KRS 11
Chapter 100 shall specifically name family child -care homes in the text of its 12
zoning regulations to authorize the board of adjustments to separately 13
consider the applications of proposed family child -care homes for conditional 14
use permits within the residential zones of the planning unit where they are 15
not a fully permitted use pursuant to KRS 100.237. 16
Section 11. KRS 216B.405 is amended to read as follows: 17
(1) As used in this section, "urgent treatment facility" or "urgent care facility" means a 18
facility that delivers medically necessary ambulatory medical care apart from a 19
hospital emergency department setting usually on a walk-in basis. 20
(2) All urgent treatment or urgent care facilities shall make available at least: 21
(a) One (1) time every two (2) years a continuing education course relating to the 22
recognition and prevention of pediatric abusive head trauma, as defined in 23
KRS 620.020. Training in recognizing pe diatric abusive head trauma may be 24
designed in collaboration with organizations and agencies that specialize in 25
the prevention and recognition of pediatric abusive head trauma approved by 26
the secretary of the Cabinet for Health and Family Services; and 27
UNOFFICIAL COPY 26 RS BR 1747
Page 34 of 56
XXXX 2/17/2026 11:50 AM Jacketed
(b) One (1) hour one (1) time every three (3) years of continuing education in 1
the recognition and prevention of pediatric ingestion or inhalation of 2
controlled substances. 3
Section 12. KRS 311.601 is amended to read as follows: 4
(1) The board may adopt reasonable rules and regulations to effectuate and implement 5
the provisions of KRS 311.550 to 311.620, including but not limited to regulations 6
designed to ensure the continuing profess ional competency of present and future 7
licensees. As an adjunct to the power conferred upon the board by this section, the 8
board may require licensees to submit to interrogation as to the nature and extent of 9
their postgraduate medical education and to req uire licensees found to be deficient 10
in their efforts to keep abreast of new methods and technology [,] to obtain 11
additional instruction and training[ therein]. 12
(2) As part of the continuing medical education which the board adopts to ensure 13
continuing professional competency of present and future licensees, the board shall 14
ensure that: 15
(a) Current practicing pediatricians, including those certified in medicine and 16
pediatrics, radiologists, family practitioners, and those physicians practicing 17
in an emergency medicine or urgent care setting, demonstrate completion of: 18
1. A one (1) time course of at least one (1) hour of continuing medical 19
education approved by the board and covering the recognition and 20
prevention of: 21
a. Pediatric abusive head trauma, as defin ed in KRS 620.020 ; and[, 22
prior to December 31, 2017] 23
b. Pediatric ingestion or inhalation of controlled substances. 24
The continuing education required under this subparagraph shall be 25
included in the current number of required continuing education 26
hours; and 27
UNOFFICIAL COPY 26 RS BR 1747
Page 35 of 56
XXXX 2/17/2026 11:50 AM Jacketed
2. At least one (1) hour of the required four and one -half (4.5) hours of 1
approved continuing education relating to the use of the Kentucky All 2
Schedule Prescription Electronic Reporting system, pain management, 3
and addiction disorders shall include edu cating clients on safe 4
storage, recognizing signs and symptoms of occult pediatric 5
ingestions, and proper toxicology screening for commonly ingested 6
controlled substances in pediatric patients; and 7
(b) Future practicing pediatricians, including those certi fied in medicine and 8
pediatrics, radiologists, family practitioners, and those physicians who will 9
practice in an emergency medicine or urgent care setting, demonstrate 10
completion of a: 11
1. One (1) time course of at least one (1) hour of continuing medical 12
education, or its equivalent, approved by the board and covering the 13
recognition and prevention of: 14
a. Pediatric abusive head trauma, as defined in KRS 620.020; and[,] 15
b. Pediatric ingestion or inhalation of controlled substances; 16
within five (5) years of licensure. 17
2. Future practicing pediatricians, including those certified in medicine and 18
pediatrics, radiologists, family practitioners, and those physicians who 19
will practice in an emergency medicine or urgent care setting may apply 20
pediatric abusive hea d trauma or pediatric ingestion or inhalation of 21
controlled substances curriculum taught in their medical school 22
education to count towards the required one (1) hour of continuing 23
medical education. 24
Section 13. KRS 311.844 is amended to read as follows: 25
(1) To be licensed by the board as a physician assistant, an applicant shall: 26
(a) Submit a completed application form with the required fee; 27
UNOFFICIAL COPY 26 RS BR 1747
Page 36 of 56
XXXX 2/17/2026 11:50 AM Jacketed
(b) Be of good character and reputation; 1
(c) Be a graduate of an approved program; and 2
(d) Have passed an examination approved by the board within three (3) attempts. 3
(2) A physician assistant who is authorized to practice in another state and who is in 4
good standing may apply for licensure by endorsement from the state of his or her 5
credentialing if that state has standards substantially equivalent to those of this 6
Commonwealth. 7
(3) A physician assistant's license shall be valid for two (2) years and shall be renewed 8
by the board upon fulfillment of the following requirements: 9
(a) The holder shall be of good character and reputation; 10
(b) The holder shall provide evidence of completion, during the previous two (2) 11
years, of a minimum of one hundred (100) hours of continuing education 12
approved by the American Medical Association, the American Osteopathic 13
Association, the American Academy of Family Physicians, the American 14
Academy of Physician Assistants, or by another entity approved by the board. 15
The one hundred (100) hours of continuing education required by this 16
paragraph shall include: 17
1. During the first two (2) years of licensure or prior to the first licensure 18
renewal: 19
a. One and one -half (1.5) hours of continuing education in the 20
prevention and recognition of pediatric abusive head trauma, as 21
defined in KRS 620.020, except that graduating physician assistant 22
students may apply pediatric abusive head trauma curriculum 23
taught in their physician assistant graduate education to count 24
towards the required one and one-half (1.5) hours; and 25
b. As a part of the continuing education requirements that the board 26
adopts to ensure continuing competency of present and future 27
UNOFFICIAL COPY 26 RS BR 1747
Page 37 of 56
XXXX 2/17/2026 11:50 AM Jacketed
licensees and the evolving needs of the growing senior population, 1
the board shall ensure physician assistants licensed under KRS 2
Chapter 311 complete a one (1) time course of one (1) hour of 3
continuing education approved by the board. The course shall be 4
completed one (1) time and count towards the current number of 5
required continuing education hours, except that graduating 6
student physician assistants may submit Alzheimer's and other 7
forms of dementia course curriculum taught in their programs of 8
study towards the required one (1) hour for approval. The course 9
topics shall include but not be limited to: 10
i. The warning signs and symptoms of Alzheimer's disease and 11
other forms of dementia; 12
ii. The importance of early detection, diagnosis, and appropriate 13
communication techniques for discussion of memory 14
concerns with the patient and his or her caregiver; 15
iii. Cognitive assessment and care planning billing codes; 16
iv. The variety of tools used to assess a patient's cognition; and 17
v. Current treatments that may be available to the patient;[ and] 18
2. If the license holder is authorized, pursuant to KRS 311.858(5), to 19
prescribe and administer Schedule III, IV, or V controlled substances, a 20
minimum of seven and one -half (7.5) hours of approved continuing 21
education relating to controlled substance diversion, pain management, 22
addiction disorders, use of the electronic system for monitoring 23
controlled substances established in KRS 218A.202, or any combination 24
of two (2) or more of these subjects; and 25
3. At least one (1) hour one (1) time every three (3) years in the 26
recognition and prevention of pediatric ingestion or inhalation of 27
UNOFFICIAL COPY 26 RS BR 1747
Page 38 of 56
XXXX 2/17/2026 11:50 AM Jacketed
controlled substances; and 1
(c) The holder shall provide proof of current certification with the National 2
Commission on Certification of Physician Assistants. 3
Section 14. KRS 311A.120 is amended to read as follows: 4
(1) As a condition of being issued a certificate or license as an emergency medical 5
technician, advanced emergency medical technician, emergency medical resp onder, 6
or paramedic, the applicant shall have completed a Kentucky Board of Emergency 7
Medical Services -approved educational course on the transmission, control, 8
treatment, and prevention of the human immunodeficiency virus and acquired 9
immunodeficiency syndrome with an emphasis on appropriate behavior and attitude 10
change. 11
(2) The board shall promulgate administrative regulations to require continuing 12
education for emergency medical technicians, advanced emergency medical 13
technicians, emergency medical respo nders, or paramedics that includes the 14
completion of: 15
(a) One (1) hour of board -approved continuing education covering the 16
recognition and prevention of pediatric abusive head trauma, as defined in 17
KRS 620.020, at least one (1) time every two (2) year renewal cycle; and 18
(b) One (1) hour one (1) time every three (3) years of board -approved 19
continuing education covering the recognition and prevention of pediatric 20
ingestion or inhalation of controlled substances. 21
The continuing education [one (1) hour] required under this subsection[section] 22
shall be included in the current number of required continuing education hours. 23
(3) The board shall promulgate administrative regulations to require continuing 24
education for emergency medical technicians or first responders which includes the 25
completion of a training course of at least one (1) hour covering awareness of 26
sexual violence, including reporting options, care options, pre -hospital treatment 27
UNOFFICIAL COPY 26 RS BR 1747
Page 39 of 56
XXXX 2/17/2026 11:50 AM Jacketed
considerations, knowledge of regional rape crisis centers, and how to acce ss the 1
SANE-ready list, at least one (1) time every two (2) year renewal cycle. The one (1) 2
hour of continuing education required under this subsection shall be included in the 3
current number of required continuing education hours. 4
Section 15. KRS 314.073 is amended to read as follows: 5
(1) As a prerequisite for license renewal, all individuals licensed under provisions of 6
this chapter shall be required to document continuing competency during the 7
immediate past licensure period as prescribed in regulations promulgated by the 8
board. 9
(2) The continuing competency requirement shall be documented and reported as set 10
forth by the board in administrative regulations promulgated in accordance with 11
KRS Chapter 13A. 12
(3) The board shall approve providers of continuing education. The approval may 13
include recognition of providers approved by national organizations and state 14
boards of nursing with comparable standards. Standards for these approvals shall be 15
set by the board i n administrative regulations promulgated in accordance with the 16
provisions of KRS Chapter 13A. 17
(4) The board shall work cooperatively with professional nursing organizations, 18
approved nursing schools, and other potential sources of continuing education 19
programs to ensure that adequate continuing education offerings are available 20
statewide. The board may enter into contractual agreements to implement the 21
provisions of this section. 22
(5) The board shall be responsible for notifying applicants for licensure and licensees 23
applying for license renewal, of continuing competency requirements. 24
(6) As a part of the continuing education requirements that the board adopts to ensure 25
continuing competency of present and future licensees, the board shall ensure 26
practitioners licensed under KRS Chapter 314 complete: 27
UNOFFICIAL COPY 26 RS BR 1747
Page 40 of 56
XXXX 2/17/2026 11:50 AM Jacketed
(a) A one-time training course of at least one and one -half (1.5) hours covering 1
the recognition and prevention of pediatric abusive head trauma, as defined in 2
KRS 620.020; and 3
(b) One (1) hour one (1) time every three (3) years covering the recognition and 4
prevention of pediatric ingestion or inhalation of controlled substances. 5
The continuing education [one and one -half (1.5) hours] required under this 6
subsection[section] shall be included in the current number of required continuing 7
education hours. 8
(7) As a part of the continuing education requirements that the board adopts to ensure 9
continuing competency of present and future licensees and the evolving needs of 10
the growing senior population, the board shall ensure practitioners licensed under 11
KRS Chapter 31 4 complete a one (1) time course of one (1) hour of continuing 12
education approved by the board. The course shall be completed one (1) time and 13
count towards the current number of required continuing education hours, except 14
that graduating student practitio ners may submit Alzheimer's and other forms of 15
dementia course curriculum taught in their programs of study towards the required 16
one (1) hour for approval. The course topics shall include but not be limited to: 17
(a) The warning signs and symptoms of Alzheim er's disease and other forms of 18
dementia; 19
(b) The importance of early detection, diagnosis, and appropriate communication 20
techniques for discussion of memory concerns with the patient and his or her 21
caregiver; 22
(c) Cognitive assessment and care planning billing codes; 23
(d) The variety of tools used to assess a patient's cognition; and 24
(e) Current treatments that may be available to the patient. 25
(8) In order to offset administrative costs incurred in the implementation of the 26
mandatory continuing competency re quirements, the board may charge reasonable 27
UNOFFICIAL COPY 26 RS BR 1747
Page 41 of 56
XXXX 2/17/2026 11:50 AM Jacketed
fees as established by regulation in accordance with the provisions of KRS Chapter 1
13A. 2
(9) The continuing competency requirements shall include at least five (5) contact 3
hours in pharmacology continuing educatio n for any person licensed as an 4
advanced practice registered nurse. 5
Section 16. KRS 335.130 is amended to read as follows: 6
(1) Each certified social worker, licensed social worker and licensed clinical social 7
worker shall renew his or her license every three (3) years, and shall pay the board 8
a renewal fee as established by the board by promulgation of an administrative 9
regulation. 10
(2) Licensees whose licenses are renewed by the board shall be issued a renewal 11
license. 12
(3) Renewal fees shall be waived for any licensee actually serving in the Armed Forces 13
of the United States. The waiver shall be effective for six (6) months following 14
honorable discharge, separation, or release from the Armed Forces, after which 15
period a license shall be considered lapsed. 16
(4) The board may, at its discretion, require continuing education as a condition of 17
license renewal. 18
(5) If the board requires continuing education as authorized in subsection (4), the 19
continuing education requirements fo r each licensed social worker and each 20
licensed clinical social worker shall include: 21
(a) One and one -half (1.5) hours of continuing education approved by the board 22
and covering the recognition and prevention of pediatric abusive head trauma, 23
as defined in KRS 620.020, at least one (1) time every six (6) years; and 24
(b) One (1) hour one (1) time every three (3) years of continuing education 25
approved by the board and covering the recognition and prevention of 26
pediatric ingestion or inhalation of controlled substances. 27
UNOFFICIAL COPY 26 RS BR 1747
Page 42 of 56
XXXX 2/17/2026 11:50 AM Jacketed
The [one and one -half (1.5) hours of ] continuing education required under this 1
subsection[section] shall be included in the current number of required continuing 2
education hours. 3
Section 17. KRS 620.050 is amended to read as follows: 4
(1) Anyone acting upon reasonable cause in the making of a report or acting under 5
KRS 620.030 to 620.050 in good faith shall have immunity from any liability, civil 6
or criminal, that might otherwise be incurred or imposed. Any such participant shall 7
have the same immunity with respect to participation in any judicial proceeding 8
resulting from such report or action. However, any person who knowingly makes a 9
false report and does so with malice shall be guilty of a Class A misdemeanor. 10
(2) Any employee or designated agent of a children's advocacy center shall be immune 11
from any civil liability arising from performance within the scope of the person's 12
duties as provided in KRS 620.030 to 620.050. Any such person shall have the 13
same immunity with respect to participation in any judicial proceeding. Nothing in 14
this subsection shall limit liability for negligence. Upon the request of an employee 15
or designated agent of a children's advocacy center, the Attorney General shall 16
provide for the defense of any civil action brought against the employee or 17
designated agent as provided under KRS 12.211 to 12.215. 18
(3) Neither the husband -wife nor any professional -client/patient privilege, except the 19
attorney-client and clergy-penitent privilege, shall be a ground for refusing to report 20
under this section or for excluding evidence regarding a dependent, neglected, or 21
abused child or the cause thereof, in any judicial proceedings resulting from a report 22
pursuant to this section. This subsection shall als o apply in any criminal proceeding 23
in District or Circuit Court regarding a dependent, neglected, or abused child. 24
(4) Upon receipt of a report of an abused, neglected, or dependent child pursuant to this 25
chapter, the cabinet as the designated agency or its delegated representative shall 26
initiate a prompt investigation or assessment of family needs, take necessary action, 27
UNOFFICIAL COPY 26 RS BR 1747
Page 43 of 56
XXXX 2/17/2026 11:50 AM Jacketed
and shall offer protective services toward safeguarding the welfare of the child. The 1
cabinet shall work toward preventing further dependency, neglect, or abuse of the 2
child or any other child under the same care, and preserve and strengthen family 3
life, where possible, by enhancing parental capacity for adequate child care. If an 4
oral or written report, including but not limited to electronic submissions, alleging 5
that a child is dependent, neglected, or abused is made pursuant to this section, and 6
the cabinet determines that the report does not meet criteria for an investigation, the 7
cabinet shall refer the family to appropriate community -based child and family 8
service agencies for services to preserve and strengthen family life in accordance 9
with the requirements in 42 U.S.C. sec. 5106a. 10
(5) The report of suspected child abuse, neglect, or dependency and all information 11
obtained by the cabinet or its delegated representative, as a result of an investigation 12
or assessment made pursuant to this chapter, exce pt for those records provided for 13
in subsection (6) of this section, shall not be divulged to anyone except: 14
(a) Persons suspected of causing dependency, neglect, or abuse; 15
(b) The custodial parent or legal guardian of the child alleged to be dependent, 16
neglected, or abused; 17
(c) Persons within the cabinet with a legitimate interest or responsibility related 18
to the case; 19
(d) A licensed child -caring facility or child -placing agency evaluating placement 20
for or serving a child who is believed to be the victim o f an abuse, neglect, or 21
dependency report; 22
(e) Other medical, psychological, educational, or social service agencies, child 23
care administrators, corrections personnel, or law enforcement agencies, 24
including the county attorney's office, the coroner, and th e local child fatality 25
response team, that have a legitimate interest in the case; 26
(f) A noncustodial parent when the dependency, neglect, or abuse is 27
UNOFFICIAL COPY 26 RS BR 1747
Page 44 of 56
XXXX 2/17/2026 11:50 AM Jacketed
substantiated; 1
(g) Members of multidisciplinary teams as defined by KRS 620.020 and which 2
operate pursuant to KRS 431.600; 3
(h) Employees or designated agents of a children's advocacy center; 4
(i) Those persons so authorized by court order; 5
(j) The external child fatality and near fatality review panel established by KRS 6
620.055; or 7
(k) The Commonwealth Office of the Ombudsman established pursuant to KRS 8
43.035. 9
(6) (a) Files, reports, notes, photographs, records, electronic and other 10
communications, and working papers used or developed by a children's 11
advocacy center in providing services under this chapter are confidential and 12
shall not be disclosed except to the following persons: 13
1. Staff employed by the cabinet, law enforcement officers, and 14
Commonwealth's and county attorneys who are directly involved in the 15
investigation or prosecution of the case, includi ng a cabinet 16
investigation or assessment of child abuse, neglect, and dependency in 17
accordance with this chapter; 18
2. Medical and mental health professionals listed by name in a release of 19
information signed by the guardian of the child, provided that the 20
information shared is limited to that necessary to promote the physical 21
or psychological health of the child or to treat the child for abuse -related 22
symptoms; 23
3. The court and those persons so authorized by a court order; 24
4. The external child fatality and near fatality review panel established by 25
KRS 620.055; 26
5. The Commonwealth Office of the Ombudsman established pursuant to 27
UNOFFICIAL COPY 26 RS BR 1747
Page 45 of 56
XXXX 2/17/2026 11:50 AM Jacketed
KRS 43.035; 1
6. The parties to an administrative hearing conducted by the cabinet or its 2
designee in accordance with KRS Chapter 13B in an appeal of a cabinet-3
substantiated finding of abuse or neglect. The children's advocacy center 4
may, in its sole discretion, provide testimony in lieu of files, reports, 5
notes, photographs, records, electronic and other communications, and 6
working papers used or developed by the center if the center determines 7
that the release poses a threat to the safety or well -being of the child, or 8
would be in the best interests of the child. Following the administrative 9
hearing and any judicial review, the parties t o the administrative hearing 10
shall return all files, reports, notes, photographs, records, electronic and 11
other communications, and working papers used or developed by the 12
children's advocacy center to the center; and 13
7. A person, agency, or organization e ngaged in a bona fide research, 14
quality improvement, or evaluation project having value as determined 15
by the cabinet. Nothing in this subparagraph shall limit the authority of 16
the cabinet to decline to share data in cases where it deems a research, 17
quality improvement, or evaluation project lacks sufficient merit or 18
value, or the perceived risks are unacceptably high. Data sharing shall 19
be driven by the aims of advancing human knowledge, complying with 20
federal requirements, and facilitating future planning for programs that 21
support families, serve maltreated children, or inform the development 22
of policy. Data may be shared under this subparagraph provided that the 23
following conditions are met: 24
a. The person, agency, or organization enters into a data -use 25
agreement with the cabinet and complies with the data security 26
and privacy conditions outlined by the Office of Data Analytics 27
UNOFFICIAL COPY 26 RS BR 1747
Page 46 of 56
XXXX 2/17/2026 11:50 AM Jacketed
within the cabinet; 1
b. Any confidential information provided for a research, quality 2
improvement, or evaluation project under this s ubparagraph shall 3
not be redisclosed. The cabinet shall not share personally 4
identifiable information under this subparagraph, except in cases 5
where such information is essential to the completion of the 6
project. For the purposes of this subdivision, "pers onally 7
identifiable information" means the current definition promulgated 8
by the United States National Institute of Standards and 9
Technology at the time of data sharing; and 10
c. If a research or evaluation project results in the publication or 11
public dissemination of related material, confidential information 12
provided for a research, quality improvement, or evaluation project 13
under this subparagraph shall not be disclosed in the results. 14
(b) The provisions of this subsection shall not be construed as to con travene the 15
Rules of Criminal Procedure relating to discovery. 16
(7) Nothing in this section shall prohibit a parent or guardian from accessing records 17
for his or her child providing that the parent or guardian is not currently under 18
investigation by a law enforcement agency or the cabinet relating to the abuse or 19
neglect of a child. 20
(8) Nothing in this section shall prohibit employees or designated agents of a children's 21
advocacy center from disclosing information during a multidisciplinary team 22
review of a child sexual abuse case as set forth under KRS 620.040. Persons 23
receiving this information shall sign a confidentiality statement consistent with 24
statutory prohibitions on disclosure of this information. 25
(9) Employees or designated agents of a children's advocacy center may confirm to 26
another children's advocacy center th at a child has been seen for services. If an 27
UNOFFICIAL COPY 26 RS BR 1747
Page 47 of 56
XXXX 2/17/2026 11:50 AM Jacketed
information release has been signed by the guardian of the child, a children's 1
advocacy center may disclose relevant information to another children's advocacy 2
center. 3
(10) (a) An interview of a child recorded a t a children's advocacy center shall not be 4
duplicated, except that the Commonwealth's or county attorney prosecuting 5
the case may: 6
1. Make and retain one (1) copy of the interview; and 7
2. Make one (1) copy for the defendant's or respondent's counsel that the 8
defendant's or respondent's counsel shall not duplicate. 9
(b) The defendant's or respondent's counsel shall file the copy with the court clerk 10
at the close of the case. 11
(c) Unless objected to by the victim or victims, the court, on its own motion, or 12
on motion of the attorney for the Commonwealth shall order all recorded 13
interviews that are introduced into evidence or are in the possession of the 14
children's advocacy center, law enforcement, the prosecution, or the court to 15
be sealed. 16
(d) The provisions o f this subsection shall not be construed as to contravene the 17
Rules of Criminal Procedure relating to discovery. 18
(11) Identifying information concerning the individual initiating the report under KRS 19
620.030 shall not be disclosed except: 20
(a) To law enforcement officials that have a legitimate interest in the case; 21
(b) To the agency designated by the cabinet to investigate or assess the report; 22
(c) To members of multidisciplinary teams as defined by KRS 620.020 that 23
operated under KRS 431.600; 24
(d) Under a court order, after the court has conducted an in camera review of the 25
record of the state related to the report and has found reasonable cause to 26
believe that the reporter knowingly made a false report; or 27
UNOFFICIAL COPY 26 RS BR 1747
Page 48 of 56
XXXX 2/17/2026 11:50 AM Jacketed
(e) The external child fatality and near fatality r eview panel established by KRS 1
620.055. 2
(12) (a) Information may be publicly disclosed by the cabinet in a case where child 3
abuse or neglect has resulted in a child fatality or near fatality. 4
(b) The cabinet shall conduct an internal review of any case whe re child abuse or 5
neglect has resulted in a child fatality or near fatality and the cabinet had prior 6
involvement with the child or family. The cabinet shall prepare a summary 7
that includes an account of: 8
1. The cabinet's actions and any policy or personne l changes taken or to be 9
taken, including the results of appeals, as a result of the findings from 10
the internal review; and 11
2. Any cooperation, assistance, or information from any agency of the state 12
or any other agency, institution, or facility providing services to the 13
child or family that were requested and received by the cabinet during 14
the investigation of a child fatality or near fatality. 15
(c) The cabinet shall submit a report by September 1 of each year containing an 16
analysis of all summaries of inte rnal reviews occurring during the previous 17
year and an analysis of historical trends to the Governor, the General 18
Assembly, and the state child fatality review team created under KRS 19
211.684. 20
(13) When an adult who is the subject of information made confid ential by subsection 21
(5) of this section publicly reveals or causes to be revealed any significant part of 22
the confidential matter or information, the confidentiality afforded by subsection (5) 23
of this section is presumed voluntarily waived, and confidenti al information and 24
records about the person making or causing the public disclosure, not already 25
disclosed but related to the information made public, may be disclosed if disclosure 26
is in the best interest of the child or is necessary for the administratio n of the 27
UNOFFICIAL COPY 26 RS BR 1747
Page 49 of 56
XXXX 2/17/2026 11:50 AM Jacketed
cabinet's duties under this chapter. 1
(14) (a) As a result of any report of suspected child abuse or neglect:[,] 2
1. Photographs and X-rays;[ or] 3
2. A comprehensive urine drug screen using confirmatory methodology 4
that shall include the following synthetic opioids: 5
a. Buprenorphine; 6
b. Fentanyl; 7
c. Methadone; and 8
d. Xylazine; or 9
3. Other appropriate medical diagnostic procedures; 10
may be taken or caused to be taken, without the consent of the parent or other 11
person exercising custodial control or supervision of the child, as a part of the 12
medical evaluation or investigation of these reports. 13
(b) These photographs and X -rays, compreh ensive drug screens, or results of 14
other medical diagnostic procedures may be introduced into evidence in any 15
subsequent judicial proceedings or an administrative hearing conducted by the 16
cabinet or its designee in accordance with KRS Chapter 13B in an app eal of a 17
cabinet-substantiated finding of child abuse or neglect. 18
(c) The person performing the diagnostic procedures , [or ]taking photographs or 19
X-rays, or administering the comprehensive drug screen shall be immune 20
from criminal or civil liability for ha ving performed the act. Nothing herein 21
shall limit liability for negligence. 22
(15) In accordance with 42 U.S.C. sec. 671, the cabinet shall share information about a 23
child in the custody of the cabinet with a relative or a parent of the child's sibling 24
for the purposes of: 25
(a) Evaluating or arranging a placement for the child; 26
(b) Arranging appropriate treatment services for the child; or 27
UNOFFICIAL COPY 26 RS BR 1747
Page 50 of 56
XXXX 2/17/2026 11:50 AM Jacketed
(c) Establishing visitation between the child and a relative, including a sibling of 1
the child. 2
(16) In accordance with 4 2 U.S.C. sec. 671, the cabinet shall, in the case of siblings 3
removed from their home who are not jointly placed, provide for frequent visitation 4
or other ongoing interaction between the siblings, unless the cabinet determines that 5
frequent visitation or o ther ongoing interaction would be contrary to the safety or 6
well-being of any of the siblings. 7
(17) This section shall not be interpreted as prohibiting the Commonwealth Office of the 8
Ombudsman from reporting pursuant to KRS 43.035 on de -identified information 9
made confidential by this section. 10
Section 18. KRS 216B.305 is amended to read as follows: 11
(1) A[No] person, association, business entity, or organization shall not advertise, 12
solicit boarders, or operate a boarding home without registering, on an annual basis, 13
in a manner and form prescribed by the secretary. A[No] person who has been 14
convicted of a crime of abuse or neglect under KRS 508.100 to 508.120 or who has 15
had a report of abuse substantiated by the cabinet shall not be registered to operate 16
a boarding home. The secretary shall impose a fee, not to exceed one hundred 17
dollars ($100), for this registration. 18
(2) The secretary shall adopt standards, by administrative regulation pursuant to KRS 19
Chapter 13A, for the operation of boarding homes. The administrative regulations 20
shall include minimum requirements in the following areas: 21
(a) Minimum room size s for rooms occupied for sleeping purposes. Rooms 22
occupied by one (1) boarding home resident shall contain at least sixty (60) 23
square feet of floor space. Rooms occupied by more than one (1) occupant 24
shall contain at least forty (40) square feet of floor space for each occupant; 25
(b) Bedding, linens, and laundry services provided to residents; 26
(c) Sanitary and plumbing fixtures, water supply, sewage disposal, and sanitation 27
UNOFFICIAL COPY 26 RS BR 1747
Page 51 of 56
XXXX 2/17/2026 11:50 AM Jacketed
of the premises; 1
(d) Heating, lighting, and fire prevention, including the installati on and 2
maintenance of smoke detectors; 3
(e) Maintenance of the building; 4
(f) Food handling, preparation, and storage, and kitchen sanitation; 5
(g) Nutritional standards sufficient to meet the boarder's need; 6
(h) Complaint procedures whereby residents may lod ge complaints with the 7
cabinet concerning the operation of the boarding home; and 8
(i) Initial and periodic screening procedures to ensure that individuals meet the 9
definition of "boarder" under KRS 216B.300(3). 10
(3) Prior to the initial or annual registration of a boarding home, the cabinet shall cause 11
an unannounced inspection to be made of the boarding home, either by cabinet 12
personnel or through the local health department acting on behalf of the cabinet, to 13
determine if the boarding home is in compliance with: 14
(a) Standards established in subsections (1) and (2) of this section; 15
(b) Administrative regulations relating to the operation of boarding homes 16
promulgated pursuant to subsection (2) of this section; and 17
(c) All applicable local health, fire, building, and safety codes and zoning 18
ordinances. 19
(4) (a) A boarding home shall not be registered to any person, association, business 20
entity, or organization that has been previously penalized for operating a 21
boarding home without a registration or that has had a previously denied or 22
revoked registration to operate a boarding home, for a p eriod of five (5) years 23
following the date of imposition of the previous penalty or denial or 24
revocation of registration. 25
(b) A boarding home operator may appeal the cabinet's denial of initial or annual 26
registration, and an administrative hearing shall be conducted in accordance 27
UNOFFICIAL COPY 26 RS BR 1747
Page 52 of 56
XXXX 2/17/2026 11:50 AM Jacketed
with KRS Chapter 13B. A hearing held for a summary suspension shall be 1
expedited and shall be in accordance with administrative regulations 2
promulgated by the cabinet. If a boarding home continues to operate in 3
violation of administrative regulations promulgated pursuant to subsection (2) 4
of this section, the cabinet shall institute injunctive proceedings in Circuit 5
Court to terminate the operation of the boarding home. 6
(5) Any person, association, business entity, or organization that submits an application 7
to register a boarding home that conceals a previously denied or revoked 8
application or conceals a penalty received for operating a boarding home without a 9
registration shall be liable for a civil penalty of at least one thousand dollars 10
($1,000) but not more than five thousand dollars ($5,000). Any registration issued 11
in reliance upon the application concealing information shall be immediately 12
revoked. 13
(6) Initial and annual registration may be denied and existing registration ma y be 14
revoked for any of the following: 15
(a) The boarding home fails to achieve or maintain substantial and continuing 16
compliance with administrative regulations promulgated pursuant to 17
subsection (2) of this section; 18
(b) The boarding home fails or refuses t o correct violations within a reasonable 19
time as specified by the cabinet; or 20
(c) The applicant for registration or the registrant has been convicted of a crime 21
related to abuse, neglect, or exploitation of an adult or has had an incident of 22
adult abuse, neglect, or exploitation as defined in KRS 209.020, substantiated 23
by the cabinet. 24
(7) Employees or designated agents of the cabinet shall have the authority to enter at 25
any time a boarding home or any premises suspected of operating as an 26
unregistered board ing home for the purpose of conducting an inspection or 27
UNOFFICIAL COPY 26 RS BR 1747
Page 53 of 56
XXXX 2/17/2026 11:50 AM Jacketed
investigating a complaint. 1
(8) A boarding home shall not handle, store, dispense, or assist with the dispensing of a 2
boarder's prescription or non-prescription medications. 3
(9) Upon request of the boa rder, the boarding home shall provide access to a lockable 4
compartment for use by a resident who requests secure storage for prescription 5
medication. 6
(10) If a boarding home fails to meet a minimum standard established in subsection (2) 7
or (3) of this sect ion and is in such a condition that the cabinet determines that the 8
boarding home's continued operation poses a significant risk to the health and 9
safety of its residents, the cabinet may summarily suspend the registration of the 10
boarding home by ordering that its operations cease until corrections are made or 11
until a hearing is held on the appropriateness of the suspension. 12
(11) Nothing in this section or KRS 216B.303 shall be construed to prohibit local 13
governments from imposing requirements on boarding h omes that are stricter than 14
those imposed by administrative regulations of the Cabinet for Health and Family 15
Services. 16
Section 19. KRS 439.3401 is amended to read as follows: 17
(1) As used in this section, "violent offende r" means any person who has been 18
convicted of or pled guilty to the: 19
(a) Commission or attempted commission of: 20
1. A capital offense; 21
2. A Class A felony; or 22
3. A felony sexual offense described in KRS Chapter 510; or 23
(b) Commission of: 24
1. A felony involving the death of the victim or serious physical injury to a 25
victim; 26
2. Use of a minor in a sexual performance as described in KRS 531.310; 27
UNOFFICIAL COPY 26 RS BR 1747
Page 54 of 56
XXXX 2/17/2026 11:50 AM Jacketed
3. Promoting a sexual performance by a minor as described in KRS 1
531.320; 2
4. Unlawful transaction with a minor in the first degree as described in 3
KRS 530.064(1)(a); 4
5. Human trafficking under KRS 529.100 involving commercial sexual 5
activity where the victim is a minor; 6
6. Criminal abuse or neglect in the first degree as described in KRS 7
508.100; 8
7. Burglary in the first degree accompanied by the commission or 9
attempted commission of an assault as described in KRS 508.010, 10
508.020, 508.032, or 508.060; 11
8. Burglary in the first degree accompanied by commission or attempted 12
commission of kidnapping as described in KRS 509.040; 13
9. Burglary in the first degree as described in KRS 511.020, if a person 14
other than a participant in the crime was present in the building during 15
the commission of the offense; 16
10. Robbery in the first degree as described in KRS 515.020; 17
11. Robbery in the second degree as described in KRS 515.030; 18
12. Incest as described in KRS 530.020(2)(b) or (c); 19
13. Arson in the first degree as described in KRS 513.020; 20
14. Strangulation in the first degree as described in KRS 508.170; 21
15. Carjacking as described in KRS 515.040; 22
16. A Class C felony violation of promoting contraband in the first degree 23
as described in KRS 520.050; or 24
17. Wanton endangerment in the first degree as described in KRS 508.060 25
involving the discharge of a firearm. 26
(2) The court shall designate in its judgment if: 27
UNOFFICIAL COPY 26 RS BR 1747
Page 55 of 56
XXXX 2/17/2026 11:50 AM Jacketed
(a) The victim suffered death or serious physical injury; and 1
(b) A person other than a participant in the crime was present in the building 2
during the commission of burglary in the first degree. 3
(3) A violent offender who has been convicted of a capital offense and who has 4
received a life sentence and has not been sentenced to twenty -five (25) years 5
without parole or imprisonment for life without benefit of probation or parole, or a 6
Class A felony and receives a life sentence, or to death and his or her sentence is 7
commuted to a life sentence shall not be released on probation or parole until he or 8
she has served at least twenty (20) years in the penitentiary. Violent offenders may 9
have a gre ater minimum parole eligibility date than other offenders who receive 10
longer sentences, including a sentence of life imprisonment. 11
(4) A violent offender with a sentence of a term of years shall not be released on 12
probation, shock probation, parole, condit ional discharge, or other form of early 13
release until he or she has served at least eighty -five percent (85%) of the sentence 14
imposed. 15
(5) A violent offender shall only be awarded credit on his or her sentence authorized by 16
KRS 197.045(1)(a)1. 17
(6) This section shall not apply to a person who has been determined by a court to have 18
been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard 19
to the offenses involving the death of the victim or serious physical injury to the 20
victim. The provisions of this subsection shall not extend to rape in the first degree 21
or sodomy in the first degree by the defendant. 22
(7) This section shall apply only to those persons who commit offenses after July 15, 23
1998. 24
(8) For offenses committed prior to July 15, 1998, the version of this statute in effect 25
immediately prior to that date shall continue to apply. 26
(9) The provisions of subsection (1) of this section extending the definition of "violent 27
UNOFFICIAL COPY 26 RS BR 1747
Page 56 of 56
XXXX 2/17/2026 11:50 AM Jacketed
offender" to persons convicted of or pleading guilty to robbery in the first degree 1
shall apply only to persons whose crime was committed after July 15, 2002. 2
Section 20. KRS 507.010 is amended to read as follows: 3
As used in this chapter: 4
(1) "Abuse or neglect" has the same meaning as in KRS 508.090; 5
(2) "Criminal homicide" means that a person is guilty of causing the death of another 6
human being under circumstances which constitute murder, manslaughter in the 7
first degree, manslaughter in the second degree, or reckless homicide; and 8
(3) "Physically helpless" and "mentally helpless" have the same meaning as in KRS 9
508.090. 10
Section 21. KRS 507.030 is amended to read as follows: 11
(1) A person is guilty of manslaughter in the first degree when: 12
(a) With intent to cause serious physical injury to another person, he or she 13
causes the death of such person or of a third person; 14
(b) With intent to cause the death of another person, he or she causes the death of 15
such person or of a third person under circumstances which do not constitute 16
murder because he or she acts under the influence of extreme emotional 17
disturbance, as defined in subsection (1)(a) of KRS 507.020; 18
(c) Through circumstances not otherwise constituting the offense of murder, he or 19
she intentionally abuses or neglects another person or knowingly permits 20
another person of whom he or she has actual custody to be abused or 21
neglected and thereby causes death to a person twelve (12) years of age or 22
less, or who is physically helpless or mentally helpless; or 23
(d) He or she knowingly sells fentanyl or a fentanyl derivative to another person, 24
and the injection, ingestion, inhalation, or other introduction of the fentanyl or 25
fentanyl derivative causes the death of the person. 26
(2) Manslaughter in the first degree is a Class B felony. 27