SPOUSAL ABUSE OR NEGLECT

KRS tit. XVII, ch. 209A

in effect

KRS 209A.010 Purpose of chapter

209A.010. Purpose of chapter The purpose of this chapter is to identify victims of domestic violence and abuse and dating violence and abuse, to link those victims to services, and to provide protective or therapeutic services for those who choose to accept them. Effective:June 29, 2017 History: Repealed, reenacted, and amended 2017 Ky. Acts ch. 191, sec. 3, effective June 29, 2017. -- Created 2005 Ky. Acts ch. 132, sec. 20, effective June 20, 2005.

KRS 209A.020 Definitions for chapter

209A.020. Definitions for chapter As used in this chapter, unless the context otherwise requires: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Dating violence and abuse" has the same meaning as in KRS 456.010; (3) "Domestic violence and abuse" has the same meaning as in KRS 403.720; (4) "Law enforcement officer" means a member of a lawfully organized police unit or police force of county, city, or metropolitan government who is responsible for the detection of crime and the enforcement of the general criminal laws of the state, as well as a sheriff, sworn deputy sheriff, campus police officer, law enforcement support personnel, public airport authority security officer, other public and federal peace officer responsible for law enforcement, special local peace officer appointed pursuant to KRS 61.360, school resource officer as defined in KRS 158.441, and any other enforcement officer as defined by law; (5) "Professional" means a physician, osteopathic physician, coroner, medical examiner, medical resident, medical intern, chiropractor, nurse, dentist, optometrist, emergency medical technician, paramedic, licensed mental health professional, therapist, cabinet employee, child-care personnel, teacher, school personnel, ordained minister or the denominational equivalent, victim advocate, or any organization or agency employing any of these professionals; (6) "Victim" means an individual who is or has been abused by a spouse or former spouse or an intimate partner who meets the definition of a member of an unmarried couple as defined in KRS 403.720, or a member of a dating relationship as defined in KRS 456.010; and (7) "Victim advocate" has the same meaning as in KRS 421.570. Effective:March 11, 2019 History: Amended 2019 Ky. Acts ch. 5, sec. 13, effective March 11, 2019. -- Repealed, reenacted, and amended 2017 Ky. Acts ch. 191, sec. 4, effective June 29, 2017. -- Amended 2007 Ky. Acts ch. 85, sec. 243, effective June 26, 2007. -- Created 2005 Ky. Acts ch. 132, sec. 21, effective June 20, 2005. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 209A.030 Penalty

209A.030. Penalty A professional knowingly or wantonly violating the provisions of this chapter shall be guilty of a Class B misdemeanor and penalized in accordance with KRS 532.090. Each violation shall constitute a separate offense. Effective:June 29, 2017 History: Repealed, reenacted, and amended 2017 Ky. Acts ch. 191, sec. 9, effective June 29, 2017. -- Created 2005 Ky. Acts ch. 132, sec. 22, effective June 20, 2005.

KRS 209A.040 Repealed, 2017

209A.040. Repealed, 2017 Catchline at repeal: Cabinet's authority to promulgate administrative regulations on general adult services. History: Repealed 2017 Ky. Acts ch. 191, sec. 16, effective June 29, 2017. -- Created 2005 Ky. Acts ch. 132, sec. 23, effective June 20, 2005.

KRS 209A.045 Domestic violence shelter fund -- Department of Revenue to administer -- Cabinet for Health and Family Services to use -- Primary service providers

209A.045. Domestic violence shelter fund -- Department of Revenue to administer -- Cabinet for Health and Family Services to use -- Primary service providers (1) There is hereby created a trust and agency account in the State Treasury to be known as the domestic violence shelter fund. Each county clerk shall remit to the fund, by the tenth of the month, ten dollars ($10) collected during the previous month from the issuance or amending of marriage licenses. The fund shall be administered by the Department of Revenue. The Cabinet for Health and Family Services shall use the funds for the purpose of providing protective shelter services for domestic violence victims. (2) The Cabinet for Health and Family Services shall designate one (1) nonprofit corporation in each area development district to serve as the primary service provider and regional planning authority for domestic violence shelter, crisis, and advocacy services in the district in which the designated provider is located. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 135, sec. 2, effective June 27, 2025. -- Repealed, reenacted, and renumbered 2017 Ky. Acts ch. 191, sec. 13, effective June 29, 2017. - - Amended 2005 Ky. Acts ch. 85, sec. 624, effective June 20, 2005; ch. 99, sec. 295, effective June 20, 2005; and ch. 132, sec. 28, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 240, effective July 15, 1998 -- Amended 1994 Ky. Acts ch. 428, sec. 35, effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 338, sec. 18. -- Created 1982 Ky. Acts ch. 161, sec. 2, effective July 15, 1982. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section. Formerly codified as KRS 209.160.

KRS 209A.050 Immunity from civil or criminal liability for acting upon reasonable cause

209A.050. Immunity from civil or criminal liability for acting upon reasonable cause Anyone acting upon reasonable cause in complying with the provisions of this chapter shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such compliance. Effective:June 29, 2017 History: Repealed, reenacted, and amended 2017 Ky. Acts ch. 191, sec. 10, effective June 29, 2017. -- Created 2005 Ky. Acts ch. 132, sec. 24, effective June 20, 2005.

KRS 209A.060 Privileged relationships not ground for excluding evidence

209A.060. Privileged relationships not ground for excluding evidence Neither the psychotherapist-patient privilege nor the husband-wife privilege shall be a ground for excluding evidence regarding the domestic violence and abuse or dating violence and abuse or the cause thereof in any judicial proceeding resulting from a report pursuant to this chapter. Effective:June 29, 2017 History: Repealed, reenacted, and amended 2017 Ky. Acts ch. 191, sec. 11, effective June 29, 2017. -- Created 2005 Ky. Acts ch. 132, sec. 25, effective June 20, 2005.

KRS 209A.070 Confidentiality of the identity of domestic violence program clients or former clients

209A.070. Confidentiality of the identity of domestic violence program clients or former clients All information that identifies a current or former client of a domestic violence program is confidential and shall not be disclosed by any person except as provided by law. The cabinet shall have access to client information relating to any domestic violence program for the limited purpose of monitoring the program. Effective:June 29, 2017 History: Repealed, reenacted, and amended 2017 Ky. Acts ch. 191, sec. 12, effective June 29, 2017. -- Created 2005 Ky. Acts ch. 132, sec. 26, effective June 20, 2005.

KRS 209A.080 Repealed, 2017

209A.080. Repealed, 2017 Catchline at repeal: Confidentiality of spousal abuse or neglect investigation information -- Exceptions. History: Repealed 2017 Ky. Acts ch. 191, sec. 16, effective June 29, 2017. -- Created 2005 Ky. Acts ch. 132, sec. 27, effective June 20, 2005.

KRS 209A.100 Report by professional of act of domestic violence and abuse or dating violence and abuse to law enforcement

209A.100. Report by professional of act of domestic violence and abuse or dating violence and abuse to law enforcement (1) Upon the request of a victim, a professional shall report an act of domestic violence and abuse or dating violence and abuse to a law enforcement officer. (2) A professional who makes a report under this chapter shall discuss the report with the victim prior to contacting a law enforcement officer. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 191, sec. 5, effective June 29, 2017.

KRS 209A.110 Report by professional to law enforcement concerning belief that client's or patient's death is related to domestic violence and abuse or dating violence and abuse

209A.110. Report by professional to law enforcement concerning belief that client's or patient's death is related to domestic violence and abuse or dating violence and abuse (1) (a) A professional shall report to a law enforcement officer his or her belief that the death of a victim with whom he or she has had a professional interaction is related to domestic violence and abuse or dating violence and abuse. (b) Following a report to a local law enforcement officer, the local law enforcement officer shall indicate a report was made by a professional on the JC-3 or equivalent form. (2) Nothing in this chapter shall relieve a professional of the duty pursuant to KRS 620.030 to report any known or suspected abuse, neglect, or dependency of a child. (3) Nothing in this chapter shall relieve a professional of the duty pursuant to KRS 209.030 to report to the cabinet any known or suspected abuse, neglect, or exploitation of a person eighteen (18) years of age or older who because of mental or physical dysfunction is unable to manage his or her own resources, carry out the activity of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 224, sec. 3, effective July 14, 2022. -- Created 2017 Ky. Acts ch. 191, sec. 6, effective June 29, 2017.

KRS 209A.120 Duty of law enforcement to provide assistance as required under KRS 403.785 and 456.090 -- Use of JC-3 form -- Report to Criminal Justice Statistical Analysis Center

209A.120. Duty of law enforcement to provide assistance as required under KRS 403.785 and 456.090 -- Use of JC-3 form -- Report to Criminal Justice Statistical Analysis Center (1) If a law enforcement officer receives a report of domestic violence and abuse or dating violence and abuse, the officer shall use all reasonable means to provide assistance as required under KRS 403.785 and 456.090. (2) A law enforcement officer who responds to a report of domestic violence and abuse or dating violence and abuse shall use the JC-3 form, or its equivalent replacement, as provided by the Justice and Public Safety Cabinet to document any information or injuries related to the domestic violence and abuse or dating violence and abuse. (3) A completed JC-3 form, or its equivalent replacement, shall be kept in the records of the law enforcement officer's agency of employment. (4) If the JC-3 form, or its equivalent replacement, includes information that only relates to a victim as defined in KRS 209A.020, the form shall not be forwarded to the cabinet. (5) If the JC-3 form, or its equivalent replacement, includes information on known or suspected child abuse or neglect or the abuse or neglect of an elderly or disabled adult, the form shall be forwarded to the cabinet. (6) The Kentucky State Police or the law enforcement officer's agency of employment shall provide the preceding calendar year's JC-3 data, and all other relevant data, to the Criminal Justice Statistical Analysis Center created in KRS 15.280 by February 1 of each year. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 224, sec. 4, effective July 14, 2022. -- Created 2017 Ky. Acts ch. 191, sec. 7, effective June 29, 2017.

KRS 209A.122 Definitions for section -- Criminal Justice Statistical Analysis Center -- Duties -- Policy recommendations -- Information to be sent by Kentucky State Police, Administrative Office of the Courts, and Cabinet for Health and Family Services

209A.122. Definitions for section -- Criminal Justice Statistical Analysis Center -- Duties -- Policy recommendations -- Information to be sent by Kentucky State Police, Administrative Office of the Courts, and Cabinet for Health and Family Services (1) As used in this section: (a) "Center" means the Criminal Justice Statistical Analysis Center created in KRS 15.280; (b) "Corollary victim" means an individual other than the victim who is directly impacted by domestic violence and abuse or dating v iolence and abuse, either through relationship or proximity; (c) "Domestic violence fatalities" means deaths that occur as a result of domestic violence and abuse or dating violence and abuse, and includes but is not limited to homicides, related suicides, and corollary victims; and (d) "Near fatality" means a crime where serious physical injury as defined in KRS 500.080 occurs. (2) The center shall: (a) Collect information on domestic violence fatalities, domestic violence and abuse, and dating violence and abuse within the Commonwealth from subsections (3) to (5) of this section; and (b) Produce an annual report by July 1 of each year and submit the report to: 1. ZeroV; 2. The Governor; 3. The cabinet; 4. The Interim Joint Committee on Judiciary; 5. The Interim Joint Committee on Families and Children; 6. The Legislative Research Commission; 7. The Administrative Office of the Courts; and 8. The Office of the Attorney General. ZeroV may provide the agencie s listed in subparagraphs 2. to 8. of this paragraph with best practices and any other recommendations for public policy by November 15 of each year. (3) (a) The Department of Kentucky State Police shall provide the center with: 1. The statistical information from all JC-3 forms and all fields on a JC -3 form that relate to domestic violence and abuse and dating violence and abuse; 2. The number of arrests by Kentucky State Police and associated agencies in response to domestic violence and abuse or dating v iolence and abuse; and 3. If an arrest was made, the arresting offense charged by Kentucky State Police or associated law enforcement agencies. (b) The Department of Kentucky State Police shall separately provide the center with information reported to the Law Information Network of Kentucky (LINK). The Department of Kentucky State Police shall provide the center with the: 1. Number of orders of protection entered to be served by law enforcement agencies; 2. Number of orders of protection served by law enforcement agencies; and 3. Average time for service. (4) The Administrative Office of the Courts shall provide the center with: (a) The number and type of petitions for orders of protection filed and denied under KRS 403.725; (b) The number and type of petitions for interpersonal violence orders filed and denied under KRS 456.030; (c) The number of emergency protective orders granted under KRS 403.730 and temporary interpersonal protective orders granted under KRS 456.040; (d) The number of domestic violence orders granted under KRS 403.740 and interpersonal protective orders granted under 456.060, excluding amended or corrected orders; (e) Information on whether the parties were represented by legal counsel or guardians ad litem; (f) The relationship between the petitioner and the respondent, if known; (g) Demographics of the parties, including age, race, and gender; (h) Information on whether the victim was or is pregnant, if indicated on the petition; and (i) The number of criminal charges for a violation o f an order of protection. (5) The cabinet shall provide the center with: (a) The number of reports of substantiated child dependency, neglect, or abuse with family violence as a factor; and (b) Domestic violence and abuse and dating violence and abuse shelter statistics reported to the cabinet, including but not limited to the: 1. Number of minors served in shelter; 2. Number of minors served in nonshelter services; 3. Number of adults served in shelter; 4. Number of adults served in nonshelter services; 5. Demographics, including age and race; 6. Number of crisis or hotline calls; 7. Number of minors receiving: a. Crisis intervention; b. Victim advocacy services; and c. Individual or group counseling or support group; and 8. Number of adult victims receiving: a. Crisis intervention; b. Victim advocacy services; c. Individual or group counseling or support group; d. Criminal or civil legal advocacy; e. Medical accompaniment; and f. Transportation services. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 49, sec. 2, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 25, sec. 15, effective June 29, 2023; and ch. 153, sec. 3, effective June 29, 2023. -- Created 2022 Ky. Acts ch. 224, sec. 1, effective July 14, 2022. Legislative Research Commission Note (7/14/2022). Under the authority of KRS 7.136(1), the Reviser of Statute s has altered the format of subsection (2) of this statute to correct manifest clerical or typographical errors in 2022 Ky. Acts ch. 224, sec. 1.

KRS 209A.130 Educational materials to be provided suspected victim of domestic violence and abuse or dating violence and abuse -- Availability of online materials

209A.130. Educational materials to be provided suspected victim of domestic violence and abuse or dating violence and abuse -- Availability of online materials (1) If a professional has reasonable cause to believe that a victim with whom he or she has had a professional interaction has experienced domestic violence and abuse or dating violence and abuse, the professional shall provide the victim with educational materials related to domestic violence and abuse or dating violence and abuse including information about how he or she may access regional domestic violence programs under KRS 209A.045 or rape crisis centers under KRS 211.600 and information about how to access protective orders. (2) A nonprofit corporation designated by the cabinet pursuant to KRS 209A.045 as a primary service provider for domestic violence shelter, crisis, and advocacy services in the district in which the provider is located shall make the educational materials required under this section available on its Web site or in print form for professionals to provide to possible victims of domestic violence and abuse or dating violence and abuse. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 191, sec. 8, effective June 29, 2017. Legislative Research Commission Note (6/29/2017). In subsection (1) of this statute, a reference to "KRS 209.160" has been changed to read "KRS 209A.045." Under 2017 Ky. Acts ch. 191, sec. 13, KRS 209.160 was repealed, reenacted, and renumbered as KRS 209A.045. The Reviser of Statutes has corrected the reference under the authority of KRS 7.136(1)(e).

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38156Fetched: 10/20/2026