DEPENDENCY, NEGLECT, AND ABUSE

KRS tit. LI, ch. 620

in effect

KRS 620.010 Legislative purpose

620.010. Legislative purpose In addition to the purposes set forth in KRS 600.010, this chapter shall be interpreted to effectuate the following express legislative purposes regarding the treatment of dependent, neglected and abused children. Children have certain fundamental rights which must be protected and preserved, including but not limited to, the rights to adequate food, clothing and shelter; the right to be free from physical, sexual or emotional injury or exploitation; the right to develop physically, mentally, and emotionally to their potential; and the right to educational instruction and the right to a secure, stable family. It is further recognized that upon some occasions, in order to protect and preserve the rights and needs of children, it is necessary to remove a child from his or her parents. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 62, effective July 1, 1987. Legislative Research Commission Note. Acts 1986, ch. 423, § 199 read: "KRS 446.250 to 446.320 to the contrary notwithstanding, Acts 1986, ch. 423 shall prevail in the event of a conflict between Acts 1986, ch. 423 and other Acts passed by the 1986 regular session of the General Assembly."

KRS 620.020 Definitions for chapter

620.020. Definitions for chapter The definitions in KRS Chapter 600 shall apply to this chapter. In addition, as used in this chapter, unless the context requires otherwise: (1) "Case permanency plan" means a document identifying decisions made by the cabinet, for both the biological family and the child, concerning action which needs to be taken to assure that the child in foster care expeditiously obtains a permanent home; (2) "Case progress report" means a written record of goals that have been achieved in the case of a child; (3) "Case record" means a cabinet file of specific documents and a running record of activities pertaining to the child; (4) "Children's advocacy center" means an agency that advocates on behalf of children alleged to have been abused; that assists in the coordination of the investigation of child abuse by providing a location for forensic interviews and medical examinations, and by promoting the coordination of services for children alleged to have been abused; and that provides, directly or by formalized agreements, services that include, but are not limited to, forensic interviews, medical examinations, mental health and related support services, court advocacy, consultation, training, and staffing of multidisciplinary teams; (5) "Foster care" means the provision of temporary twenty-four (24) hour care for a child for a planned period of time when the child is: (a) Removed from his parents or person exercising custodial control or supervision and subsequently placed in the custody of the cabinet; and (b) Placed in a foster home or private child-caring facility or child-placing agency but remains under the supervision of the cabinet; (6) "Local citizen foster care review board" means a citizen board which provides periodic permanency reviews of children placed in the custody of the cabinet by a court order of temporary custody or commitment under this chapter; (7) "Multidisciplinary teams" means local teams operating under protocols governing roles, responsibilities, and procedures developed by the Kentucky Multidisciplinary Commission on Child Sexual Abuse pursuant to KRS 431.600; (8) "Pediatric abusive head trauma" means the various injuries or conditions that may result following the vigorous shaking, slamming, or impacting the head of an infant or young child. These injuries or conditions, also known as pediatric acquired abusive head trauma, have in the past been called "Shaken Baby Syndrome" or "Shaken Infant Syndrome." Pediatric abusive head trauma injuries or conditions have included but are not limited to the following: (a) Irreversible brain damage; (b) Blindness; (c) Retinal hemorrhage; (d) Eye damage; (e) Cerebral palsy; (f) Hearing loss; (g) Spinal cord injury; (h) Paralysis; (i) Seizures; (j) Learning disability; (k) Death; (l) Central nervous system injury as evidenced by central nervous system hemorrhaging; (m) Closed head injury; (n) Rib fracture; and (o) Subdural hematoma; (9) "Permanence" means a relationship between a child and an adult which is intended to last a lifetime, providing commitment and continuity in the child's relationships and a sense of belonging; (10) "Position of authority" has the same meaning as in KRS 532.045; (11) "Position of special trust" has the same meaning as in KRS 532.045; (12) "Preventive services" means those services which are designed to help maintain and strengthen the family unit by preventing or eliminating the need for removal of children from the family; (13) "Reasonable efforts" means the exercise of ordinary diligence and care by the department to utilize all preventive and reunification services available to the community in accordance with the state plan for Public Law 96-272 which are necessary to enable the child to safely live at home; (14) "Reunification services" means remedial and preventive services which are designed to strengthen the family unit, to secure reunification of the family and child where appropriate, as quickly as practicable, and to prevent the future removal of the child from the family; and (15) "State citizen foster care review board" means a board created by KRS 620.310. Effective:June 27, 2019 History: Amended 2019 Ky. Acts ch. 33, sec. 8, effective June 27, 2019. -- Amended 2010 Ky. Acts ch. 171, sec. 16, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 87, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 144, sec. 4, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 278, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 18, sec. 4, effective July 15, 1996; and ch. 301, sec. 1, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 434, sec. 1, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 258, sec. 1, effective July 15, 1988; and ch. 350, sec. 41, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 63, effective July 1, 1987.

KRS 620.023 Evidence to be considered in determining the best interest of a child

620.023. Evidence to be considered in determining the best interest of a child (1) Evidence of the following circumstances if relevant shall be considered by the court in all proceedings conducted pursuant to KRS Chapter 620 in which the court is required to render decisions in the best interest of the child: (a) Mental illness as defined in KRS 202A.011 or an intellectual disability as defined in KRS 202B.010 of the parent, as attested to by a qualified mental health professional, which renders the parent unable to care for the immediate and ongoing needs of the child; (b) Acts of abuse or neglect as defined in KRS 600.020 toward any child; (c) Substance use disorder, as defined in KRS 222.005, that results in an incapacity by the parent or caretaker to provide essential care and protection for the child; (d) A finding of domestic violence and abuse as defined in KRS 403.720, whether or not committed in the presence of the child; (e) Any other crime committed by a parent which results in the death or permanent physical or mental disability of a member of that parent's family or household; and (f) The existence of any guardianship or conservatorship of the parent pursuant to a determination of disability or partial disability as made under KRS 387.500 to 387.770 and 387.990. (2) In determining the best interest of the child, the court may consider the effectiveness of rehabilitative efforts made by the parent or caretaker intended to address circumstances in this section. (3) In determining the best interest of the child, the court shall have access to the entire protection and permanency record of the child that is prepared, owned, used, in the possession of, or retained by the cabinet. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 144, sec. 2, effective July 15, 2024. -- Amended 2019 Ky. Acts ch. 128, sec. 30, effective June 27, 2019. -- Amended 2012 Ky. Acts ch. 146, sec. 140, effective July 12, 2012. -- Amended 2004 Ky. Acts ch. 116, sec. 18, effective July 13, 2004. -- Created 1998 Ky. Acts ch. 57, sec. 7, effective March 17, 1998.

KRS 620.025 Jurisdictional precedence

620.025. Jurisdictional precedence A finding of jurisdiction under this chapter shall not necessarily preclude a finding of jurisdiction under KRS Chapters 625, 630, or 635; however, jurisdiction under this chapter shall take precedence. No child shall be released from the jurisdiction of the court under this chapter if concurrent complaints under KRS Chapters 630 or 635 are pending. Effective: April 10, 1988 History: Created 1988 Ky. Acts ch. 350, sec. 42, effective April 10, 1988.

KRS 620.027 District Court's concurrent jurisdiction for child custody and visitation in permanent placement cases

620.027. District Court's concurrent jurisdiction for child custody and visitation in permanent placement cases The District Court has jurisdiction, concurrent with that of the Circuit Court, to determine matters of child custody and visitation in cases that come before the District Court where the need for a permanent placement and custody order is established as set forth in this chapter. The District Court, in making these determinations, shall utilize the provisions of KRS Chapter 403 relating to child custody and visitation. In any case where the child is actually residing with a grandparent in a stable relationship, the court may recognize the grandparent as having the same standing as a parent for evaluating what custody arrangements are in the best interest of the child. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 60, sec. 5, effective July 14, 2000. -- Created 1996 Ky. Acts ch. 314, sec. 3, effective July 15, 1996.

KRS 620.029 Duties of cabinet relating to children who are victims of human trafficking -- Reporting requirements

620.029. Duties of cabinet relating to children who are victims of human trafficking -- Reporting requirements (1) In order to provide the most effective treatment for children who are victims of human trafficking, as defined in KRS 529.010, and to ensure that law enforcement and prosecutorial agencies have the resources and tools necessary to combat human trafficking, the cabinet shall: (a) Investigate a report alleging a child is a victim of human trafficking pursuant to KRS 620.030(3); (b) Provide or ensure the provision of appropriate treatment, housing, and services consistent with the status of the child as a victim of human trafficking; and (c) Proceed in the case in accordance with applicable statutes governing cases involving dependency, neglect, or abuse regardless of whether the person believed to have caused the human trafficking of the child is a parent, guardian, or person exercising custodial control or supervision. (2) In order to effectuate the requirements of this section, the cabine t shall: (a) Consult with agencies serving victims of human trafficking to promulgate administrative regulations for the treatment of children who are reported to be victims of human trafficking as dependent, neglected, or abused children, including providing for appropriate screening, assessment, treatment, services, temporary and long-term placement of these children, training of staff, the designation of specific staff, and collaboration with service providers and law enforcement; (b) By November 1 of each year, submit to the Legislative Research Commission a comprehensive report detailing: 1. The number of reports the cabinet has received regarding child victims of human trafficking; 2. The number of reports in which the cabinet has investigated and determined that a child is the victim of human trafficking; and 3. The number of cases in which services were provided; and (c) 1. Beginning in 2025, in addition to the information required un der paragraph (b) of this subsection, include in its annual report to the Legislative Research Commission for referral to the Interim Joint Committee on Families and Children and the Interim Joint Committee on Judiciary to the extent possible: a. Information related to state enforcement of human trafficking involving children in the Commonwealth, including the number of: i. Arrests as compiled by the Department of Kentucky State Police; and ii. Criminal charges and convictions, delineated by county or district, as compiled by the Administrative Office of the Courts; b. The frequency at which services were made available to child victims of human trafficking; c. Recommendations for improving data collection so that information may be obtained and analyzed in a larger percentage of cases; d. Recommendations for improving data sharing among service providers, nongovernmental organizations, and government agencies; and e. Any other information that may assist in understanding the causation of human trafficking of children in Kentucky and stakeholders' abilities to provide services to victims. 2. If, after making reasonably diligent efforts to obtain the information described in subparagraph 1. of this paragraph, the cabinet is unable to obtain any of the information, the cabinet may submit an annual report omitting that information, but shall provide an explanation for the omission in the annual report. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 61, sec. 4, effective July 15, 2024. -- Created 2013 Ky. Acts ch. 25, sec. 1, effective June 25, 2013. Legislative Research Commission Note (6/25/2013).This statute was created in Section 1 of 2013 Ky. Acts ch. 25. Section 28 of that Act states that "Sections 1 to 28 of this Act may be cited as the 'Human Trafficking Victims Rights Act.'"

KRS 620.030 Duty to report dependency, neglect, abuse, human trafficking, or female genital mutilation -- Husband-wife and professional-client/patient privileges not grounds for refusal to report -- Statewide reporting system -- Exceptions -- Penalties

620.030. Duty to report dependency, neglect, abuse, human trafficking, or female genital mutilation -- Husband-wife and professional-client/patient privileges not grounds for refusal to report -- Statewide reporting system -- Exceptions -- Penalties (1) Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report, including but not limited to electronic submissions, to be made to a local law enforcement ag ency or to the Department of Kentucky State Police, the cabinet or its designated representative, the Commonwealth's attorney, or the county attorney by telephone or otherwise. If the cabinet receives a report of abuse or neglect allegedly committed by a person other than a parent, guardian, fictive kin, person in a position of authority, person in a position of special trust, or person exercising custodial control or supervision, the cabinet shall refer the matter to the Commonwealth's attorney or the coun ty attorney and the local law enforcement agency or the Department of Kentucky State Police. Nothing in this section shall relieve individuals of their obligations to report. (2) (a) Any person, including but not limited to a physician, osteopathic physici an, nurse, teacher, school personnel, social worker, coroner, medical examiner, child-caring personnel, resident, intern, chiropractor, dentist, optometrist, emergency medical technician, paramedic, health professional, mental health professional, peace officer, or any organization or agency for any of the above, who knows or has reasonable cause to believe that a child is dependent, neglected, or abused, regardless of whether the person believed to have caused the dependency, neglect, or abuse is a parent, guardian, fictive kin, person in a position of authority, person in a position of special trust, person exercising custodial control or supervision, or another person, or who has attended such child as a part of his or her professional duties, shall: 1. Immediately make an oral or written report, including but not limited to electronic submissions, in accordance with subsection (1) of this section; 2. Immediately notify the supervisor of the institution, school, facility, agency, or designated agent of the person in charge; and 3. If requested, in addition to the report required in subsection (1) or (3) of this section, file with the local law enforcement agency or the Department of Kentucky State Police, the cabinet or its designated representative, the Commonwealth's attorney, or county attorney within forty-eight (48) hours of the original report a written report, including but not limited to electronic submissions, containing: a. The names and addresses of the child and his or her parents or other persons exercising custodial control or supervision; b. The child's age; c. The nature and extent of the child's alleged dependency, neglect, or abuse, including any previous charges of dependency, neglect, or abuse, to this child or his or her siblings; d. The name and address of the person allegedly responsible for the abuse or neglect; and e. Any other information that the person making the report believes may be helpful in the furtherance of the purpose of this section. (b) Upon notification, the supervisor or the designated agent, if any, shall facilitate the cooperation of th e institution, school, facility, or agency with the investigation of the report. (c) Any person who knowingly causes intimidation, retaliation, or obstruction in the investigation of the report shall be guilty of a Class A misdemeanor. (d) This section shall not require more than one (1) report from any institution, school, facility, or agency. (3) Any person who knows or has reasonable cause to believe that a child is a victim of human trafficking as defined in KRS 529.010 shall immediately cause an oral o r written report, including but not limited to electronic submissions, to be made to a local law enforcement agency or the Department of Kentucky State Police; or the cabinet or its designated representative; or the Commonwealth's attorney or the county attorney; by telephone or otherwise. This subsection shall apply regardless of whether the person believed to have caused the human trafficking of the child is a parent, guardian, fictive kin, person in a position of authority, person in a position of specia l trust, or person exercising custodial control or supervision. (4) Any person who knows or has reasonable cause to believe that a child is a victim of female genital mutilation as defined in KRS 508.125 shall immediately cause an oral or written report, i ncluding but not limited to electronic submissions, to be made by telephone or otherwise to: (a) A local law enforcement agency or the Department of Kentucky State Police; (b) The cabinet or its designated representative; or (c) The Commonwealth's attorney or the county attorney. This subsection shall apply regardless of whether the person believed to have caused the female genital mutilation of the child is a parent, guardian, or person exercising custodial control or supervision. (5) Neither the husband -wife nor any professional -client/patient privilege, except the attorney-client and clergy -penitent privilege, shall be a ground for refusing to report under this section or for excluding evidence regarding a dependent, neglected, or abused child or the cau se thereof, in any judicial proceedings resulting from a report pursuant to this section. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding a dependent, neglected, or abused child. (6) The cabinet shall esta blish and operate a statewide reporting system for the public to make reports of child dependency, neglect, and abuse via telephone call or written report, including but not limited to electronic submissions. The statewide reporting system shall operate a twenty-four (24) hour on -call response system that includes but is not limited to a child abuse hotline for the receipt of emergency and nonemergency reports of child dependency, neglect, and abuse during and after normal office hours. The cabinet may use contract employees to operate the system. (7) The cabinet upon request shall receive from any agency of the state or any other agency, institution, or facility providing services to the child or his or her family, such cooperation, assistance, and information as will enable the cabinet to fulfill its responsibilities under KRS 620.030, 620.040, and 620.050. (8) Nothing in this section shall limit the cabinet's investigatory authority under KRS 620.050 or any other obligation imposed by law. (9) Any person who intentionally violates the provisions of this section shall be guilty of a: (a) Class B misdemeanor for the first offense; (b) Class A misdemeanor for the second offense; and (c) Class D felony for each subsequent offense. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 144, sec. 3, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 107, sec. 2, effective June 29, 2023. -- Amended 2020 Ky. Acts ch. 74, sec. 7, effective April 2, 2020. -- Amended 2019 Ky. Acts ch. 33, sec. 9, effective June 27, 2019. -- Amended 2013 Ky. Acts ch. 25, sec. 2, effective June 25, 2013. -- Amended 2008 Ky. Acts ch. 72, sec. 4, effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 85, sec. 330, effective June 26, 2007. -- Amended 1988 Ky. Acts ch. 258, sec. 2, effective July 15, 1988; and ch. 350, sec. 43, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 64, effective July 1, 1987. Legislative Research Commission Note. The 1988 amendments to this section are effective April 10, 1988, except for the second sentence of subsection (1), which is effective July 15, 1988.

KRS 620.032 Annual report by cabinet detailing reports received regarding female genital mutilation -- Monthly report by cabinet detailing child protective services reports received

620.032. Annual report by cabinet detailing reports received regarding female genital mutilation -- Monthly report by cabinet detailing child protective services reports received (1) By November 1 of each year, beginning in 2021, the cabinet shal l submit to the Legislative Research Commission a comprehensive report that does not identify individuals, detailing the number of reports the cabinet has received regarding female genital mutilation as defined in KRS 508.125, the number of reports in which the cabinet has investigated and determined that a child is the victim of female genital mutilation, and the number of cases in which services were provided. (2) Beginning August 1, 2024, and monthly thereafter, the cabinet shall make available on its website and deliver to the Legislative Research Commission for referral to the Interim Joint Committee, Senate Standing Committee, and House Standing Committee on Families and Children, a report on the monthly child protective services intakes received by the cabinet. The monthly report shall include at a minimum the following: (a) Total number of all reports; (b) All child protective services response reports; (c) Reports with allegations of: 1. Abuse; and 2. Neglect; (d) Reports that met acceptance criteria; (e) Reports with a substantiated or services needed finding; and (f) Reports with a substantiated finding. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 149, sec. 5, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 144, sec. 4, effective July 15, 2024. -- Created 2020 Ky. Acts ch. 74, sec. 8, effective April 2, 2020.

KRS 620.040 Duties of prosecutor, police, and cabinet -- Prohibition as to school personnel -- Procedures -- Military status of parent or legal guardian -- Multidisciplinary teams

620.040. Duties of prosecutor, police, and cabinet -- Prohibition as to school personnel -- Procedures -- Military status of parent or legal guardian -- Multidisciplinary teams (1) (a) Upon receipt of a report alleging abuse or neglect of a c hild as defined in KRS 600.020 by a parent, guardian, fictive kin, person in a position of authority, person in a position of special trust, or person exercising custodial control or supervision, pursuant to KRS 620.030(1) or (2), or a report alleging a ch ild is a victim of human trafficking pursuant to KRS 620.030(3), the recipient of the report shall immediately notify the cabinet or its designated representative, the local law enforcement agency or the Department of Kentucky State Police, and the Commonwealth's or county attorney of the receipt of the report. If any agency listed above is the reporting source, the recipient shall immediately notify the cabinet or its designated representative, the local law enforcement agency, the Department of Kentucky S tate Police, and the Commonwealth's or county attorney of the receipt of the report. (b) Based upon the allegation in the report, the cabinet shall immediately make an initial determination as to the risk of harm and immediate safety of the child. Based upon the level of risk determined, the cabinet shall investigate the allegation or accept the report for an assessment of family needs and, if appropriate, may provide or make referral to any community -based services necessary to reduce risk to the child and to provide family support. A report of sexual abuse or human trafficking of a child shall be considered high risk and shall not be referred to any other community agency. If the: 1. Cabinet's initial determination is that there is risk of harm and immediate safety concerns for the child, the cabinet shall physically locate the child within fourteen (14) days of the initial determination; 2. Child is under the age of five (5) years or has other developmental or cognitive delays or a significant medical or m ental health condition, the cabinet shall physically locate the child within five (5) working days of the initial determination; and 3. Cabinet does not physically locate the child according to the timeline established in this paragraph, the cabinet shall contact local law enforcement to assist in locating the child. (c) In making the initial determination as to the risk of harm and immediate safety of the child pursuant to paragraph (b) of this subsection, the cabinet shall at a minimum: 1. Consider the age and vulnerability of a child, particularly for ages five (5) years of age and under, when assessing allegations of abuse and neglect; 2. Accept for investigation a subsequent report from a professional reporting source, who makes a report pursuant to the requirements in KRS Chapter 620 that a child is abused or neglected and identifies himself or herself by name, title, and employer, when the same or similar allegation has been reported by one (1) or more unique professional reporting sources within the p ast thirty (30) days. For the purposes of this subparagraph "professional reporting source" means an individual who is a social worker, therapist, medical professional, educator, judge, attorney, law enforcement officer, or any other individual holding a degree or position in a field related to the safety and care of children; and 3. Automatically accept for investigation a report from a court of appropriate jurisdiction that makes a report pursuant to the requirements in KRS Chapter 620 that a child is abused or neglected or identifies that the child is an alleged victim of domestic violence and abuse as defined in KRS 403.720 or sexual assault as defined in KRS 456.010 in an active emergency protective order or temporary interpersonal protection order case. (d) The cabinet shall, within seventy-two (72) hours, exclusive of weekends and holidays, make a written report, including but not limited to electronic submissions, to the Commonwealth's or county attorney and the local law enforcement agency or the Department of Kentucky State Police concerning the action that has been taken on the investigation. (e) If the report alleges abuse or neglect by someone other than a parent, guardian, fictive kin, person in a position of authority, person in a position of special trust, or person exercising custodial control or supervision, or the human trafficking of a child, the cabinet shall immediately notify the Commonwealth's or county attorney and the local law enforcement agency or the Department of Kentucky State Police. (2) (a) Upon receipt of a report alleging dependency pursuant to KRS 620.030(1) and (2), the recipient shall immediately notify the cabinet or its designated representative. (b) Based upon the allegation in the report, the cabinet shall immediately make an initial determination as to the risk of harm and immediate safety of the child. Based upon the level of risk, the cabinet shall investigate the allegation or accept the report for an assessment of family needs and, if appropriate, may provide or make referral to any community-based services necessary to reduce risk to the child and to provide family support. A report of sexual abuse or human trafficking of a child shall be considered high risk and shall not be referred to any other community agency. If the: 1. Cabinet's initial determination is that there is risk of harm and immediate safety concerns for the child, the cabinet shall physically locate the child within fourteen (14) days of the initial determination; 2. Child is under the age of five (5) years or has other developmental or cognitive delays or significant medical or mental health condition, the cabinet shall physically locate the child within five (5) working days of the initial determination; and 3. Cabinet does not physically locate the child according to the timeline established in this paragraph, the cabinet shall contact local law enforcement to assist in locating the child. (c) In making the initial determination as to the risk of harm and immediate safety of the child pursuant to paragraph (b) of this subsection, the cabinet shall at a minimum: 1. Consider the age and vulnerability of a child, particularly for ages five (5) years of age and under, when assessing allegations of dependency; 2. Accept for investigation a subsequent report from a professional reporting source, who makes a report pursuant to the requirements in KRS Chapter 620 that a child is dependent and identifies himself or herself by name, title, and employer, when the same or similar allegation has been reported by one (1) or more unique professional reporting sources within the past thirty (30) days. For the purposes of this subparagraph "professional reporting source" means an individual who is a social worker, therapist, medical professional, educator, judge, attorney, law enforcement officer, or any other individual holding a degree or position in a field related to the safety and care of children; and 3. Automatically accept for investigation a report from a court of appropriate jurisdiction that makes a report pursuant to the requirements in KRS Chapter 620 that a child is dependent or identifies that the child is an alleged victim of domestic violence and abuse as defined in KRS 403.720 or sexual assault as defined in KRS 456.010 in an active emergency protective order or temporary interpersonal protection order case. (d) The cabinet need not notify the local law enforcement agency or the Department of Kentucky State Police or Commonwealth's or county attorney of reports made under this subsection unless the report involves the human trafficking of a child, in which case the notification shall be required. (3) If the cabinet or its designated representative receives a report of abuse by a person other than a parent, guardian, fictive kin, person in a position of authority, person in a position of special trust, or other person exercising custodial control or supervision of a child, it shall immediately notify the local law enforcement agency or the Department of Kentucky State Police and the Commonwealth's or county attorney of the receipt of the report and its contents, and they shall investigate the matter. The cabinet or its designated representative shall participate in an investigation of noncustodial physical abuse or neglect at the request of the local law enforcement agency or the Department of Kentucky State Police. The cabinet shall participate in all investigations of reported or suspected sexual abuse or human trafficking of a child. (4) School personnel or other persons listed in KRS 620.030(2) do not have the authority to conduct internal investigations in lieu of the official investigations outlined in this section. (5) (a) If, after receiving the report, the law enforcement officer, the cabinet, or its designated representative cannot gain admission to the location of the child, a search warrant shall be requested from, and may be issued by, the judge to the appropriate law enforcement official upon probable cause that the child is dependent, neglected, or abused. If, pursuant to a search under a warrant, a child is discovered and appears to be in imminent danger, the child may be removed by the law enforcement officer. (b) If a child who is in a hospital or under the immediate care of a physician appears to be in imminent danger if he or she is returned to the persons having custody of him or her, the physician or hospital administra tor may hold the child without court order, provided that a request is made to the court for an emergency custody order at the earliest practicable time, not to exceed seventy-two (72) hours. (c) Any appropriate law enforcement officer may take a child int o protective custody and may hold that child in protective custody without the consent of the parent or other person exercising custodial control or supervision if there exist reasonable grounds for the officer to believe that the child is in danger of imminent death or serious physical injury, is being sexually abused, or is a victim of human trafficking and that the parents or other person exercising custodial control or supervision are unable or unwilling to protect the child. The officer or the person to whom the officer entrusts the child shall, within twelve (12) hours of taking the child into protective custody, request the court to issue an emergency custody order. (d) When a law enforcement officer, hospital administrator, or physician takes a child into custody without the consent of the parent or other person exercising custodial control or supervision, he or she shall provide written notice to the parent or other person stating the reasons for removal of the child. Failure of the parent or other person to receive notice shall not, by itself, be cause for civil or criminal liability. (e) 1. If a report includes a child fatality or near fatality, and the law enforcement officer has reasonable grounds to believe any parent or person exercising custodial control or supervision of the child was under the influence of alcohol or drugs at the time the fatality or near fatality occurred, the law enforcement officer shall request a test of blood, breath, or urine from that person. 2. If, after making the request, consent is not given for the test of blood, breath, or urine, a search warrant shall be requested from and may be issued by the judge to the appropriate law enforcement official upon probable cause that a child fatality or near fatality has occurred and that the person exercising custodial control or supervision of the child at the time of the fatality or near fatality was under the influence. 3. Any test requested under this section shall be conducted pursuant to the testing procedures and requirements in KRS 189A.103. (6) The cabinet shall make efforts as soon as practicable to determine any military status of a parent or legal guardian of a child who is the subject of an investigation or assessment pursuant to this section. If the cabinet determines that the parent or legal guardian is a member of the United States Armed Forces, the cabinet shall notify the Department of Defense family advocacy program operating within the service member's assigned installation of the investigation or assessment and provide case information. (7) To the extent practicable and when in the best interest of a child alleged to have been abused, interviews with the child shall be conducted at a children's advocacy center. (8) (a) One (1) or more multidisciplinary teams may be established in every county or group of contiguous counties. (b) Membership of the multidisciplinary team shall include but shall not be limited to social service workers employed by the Cabinet for Health and Family Services and law enforcement officers. Additional team members may include Commonwealth's and county attorneys, children's advocacy center staff, mental health professionals, medical professionals, victim advocates including advocates for victims of human trafficking, educators, and other related professionals, as deemed appropriate. (c) The multidisciplinary team shall review child sexual abuse cases and child human trafficking cases involving commercial sexual activity referred by participating professionals, including those in which the alleged perpetrator does not have custodial control or supervision of the child or is not responsible for the child's welfare. The purpose of the multidisciplinary team shall be to review investigations, assess service delivery, and to facilitate efficient and appropriate disposition of cases through the criminal justice system. (d) The team shall hold regularly scheduled meetings if new reports of sexual abuse or child human trafficking cases involving commercial sex ual activity are received or if active cases exist. At each meeting, each active case shall be presented and the agencies' responses assessed. (e) The multidisciplinary team shall provide an annual report to the public of nonidentifying case information to allow assessment of the processing and disposition of child sexual abuse cases and child human trafficking cases involving commercial sexual activity. (f) Multidisciplinary team members and anyone invited by the multidisciplinary team to participate in a meeting shall not divulge case information, including information regarding the identity of the victim or source of the report. Team members and others attending meetings shall sign a confidentiality statement that is consistent with statutory prohibitions on disclosure of this information. (g) The multidisciplinary team shall, pursuant to KRS 431.600 and 431.660, develop a local protocol consistent with the model protocol issued by the Kentucky Multidisciplinary Commission on Child Sexual Abuse. The local team shall submit the protocol to the commission for review and approval. (h) The multidisciplinary team review of a case may include information from reports generated by agencies, organizations, or individuals that are responsible for investigation, prosecution, or treatment in the case, KRS 610.320 to KRS 610.340 notwithstanding. (i) To the extent practicable, multidisciplinary teams shall be staffed by the local children's advocacy center. (9) Nothing in this section shall limit the cabinet's investigat ory authority under KRS 620.050 or any other obligation imposed by law. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 149, sec. 6, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 133, sec. 1, effective July 15, 2024; and ch. 144, sec. 6, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 107, sec. 3, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 139, sec. 1, effective July 14, 2022. -- Amended 2019 Ky. Acts ch. 33, sec. 10, effective June 27, 2019. -- Amended 2013 Ky. Acts ch. 25, sec. 3, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 85, sec. 331, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 665, effective June 20, 2005. - - Amended 2000 Ky. Acts ch. 14, sec. 63, effective July 14, 2000; ch. 144, sec. 6 , effective July 14, 2000; and ch. 164, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 617, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 18, sec. 5, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 217, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 434, sec. 2, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 39, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 258, sec. 3, effective July 15, 1988; and ch. 350, sec. 44, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 65, effective July 1, 1987.

KRS 620.045 Funding for regional children's advocacy center

620.045. Funding for regional children's advocacy center (1) The secretaries of the Cabinet for Health and Family Services and the Justice and Public Safety Cabinet are authorized to make state grants and other fund allocations to assist nonprofit corporations in the establishment and operation of regional children's advocacy centers. (2) To be eligible for grants from any state government entity, a children's advocacy center shall meet the statutory definition of a children's advocacy center as provided in this chapter and shall operate consistent with administrative regulations promulgated by the Cabinet for Health and Family Services in accordance with KRS Chapter 13A. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 332, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 71, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 144, sec. 5, effective July 14, 2000.

KRS 620.048 Cabinet to file petition within 72 hours if child remains placed outside of home during child protective services investigation under agreed upon safety plan -- Cabinet to report on safety plans

620.048. Cabinet to file petition within 72 hours if child remains placed outside of home during child protective services investigation under agreed upon safety plan -- Cabinet to report on safety plans (1) During a child protective services investigation conducted pursuant to the authority in this chapter where there is a safety plan negotiated and agreed upon between the cabinet and the parent, guardian, person in a position of authority or special trust, as defined in KRS 532.045, or other person having custodial control or supervision of the child or responsibility for his or her welfare that the child cannot safely remain in the home, the cabinet shall file a petition in court within seventy -two (72) hours if the child remains placed outside of his or her home for more than fourteen (14) consecutive days. (2) All safety plans implemented pursuant to this section shall be compiled by the cabinet on a quarterly basis into a report containing at a minimum the total number of safety plans, the outcome of the safety plans, and the number of court petitions filed. (3) By December 1, 2024, and quarterly thereafter, the cabinet shall make available, on its website and to the Legislative Research Commission for referral to the Interim Joint Committee, Senate Standing Committee, and House Standing Committee on Families and Children, the report on safety plans established in subsection (2) of this section. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 149, sec. 7, effective June 27, 2025. -- Created 2024 Ky. Acts ch. 144, sec. 8, effective July 15, 2024.

KRS 620.050 Immunity for good-faith actions or reports -- Investigations -- Confidentiality of reports -- Exceptions -- Parent's access to records -- Sharing of information by children's advocacy centers -- Confidentiality of interview with child -- Exceptions -- Confidentiality of identifying information regarding reporting individual -- Internal review and report -- Waiver -- Medical

620.050. Immunity for good-faith actions or reports -- Investigations -- Confidentiality of reports -- Exceptions -- Parent's access to records -- Sharing of information by children's advocacy centers -- Confidentiality of interview with child -- Exceptions -- Confidentiality of identifying information regarding reporting individual -- Internal review and report -- Waiver -- Medical diagnostic procedures -- Sharing information with relatives -- Interaction among siblings who are not jointly placed. (1) Anyone acting upon reasonable cause in the making of a report or acting under KRS 620.030 to 620.050 in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant s hall have the same immunity with respect to participation in any judicial proceeding resulting from such report or action. However, any person who knowingly makes a false report and does so with malice shall be guilty of a Class A misdemeanor. (2) Any employee or designated agent of a children's advocacy center shall be immune from any civil liability arising from performance within the scope of the person's duties as provided in KRS 620.030 to 620.050. Any such person shall have the same immunity with respect to participation in any judicial proceeding. Nothing in this subsection shall limit liability for negligence. Upon the request of an employee or designated agent of a children's advocacy center, the Attorney General shall provide for the defense of any civil action brought against the employee or designated agent as provided under KRS 12.211 to 12.215. (3) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground f or refusing to report under this section or for excluding evidence regarding a dependent, neglected, or abused child or the cause thereof, in any judicial proceedings resulting from a report pursuant to this section. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding a dependent, neglected, or abused child. (4) Upon receipt of a report of an abused, neglected, or dependent child pursuant to this chapter, the cabinet as the designated agency or its delegated re presentative shall initiate a prompt investigation or assessment of family needs, take necessary action, and shall offer protective services toward safeguarding the welfare of the child. The cabinet shall work toward preventing further dependency, neglect, or abuse of the child or any other child under the same care, and preserve and strengthen family life, where possible, by enhancing parental capacity for adequate child care. If an oral or written report, including but not limited to electronic submission s, alleging that a child is dependent, neglected, or abused is made pursuant to this section, and the cabinet determines that the report does not meet criteria for an investigation, the cabinet shall refer the family to appropriate community -based child and family service agencies for services to preserve and strengthen family life in accordance with the requirements in 42 U.S.C. sec. 5106a. (5) The report of suspected child abuse, neglect, or dependency and all information obtained by the cabinet or its delegated representative, as a result of an investigation or assessment made pursuant to this chapter, except for those records provided for in subsection (6) of this section, shall only be divulged to: (a) Persons suspected of causing dependency, neglect, o r abuse; (b) The custodial parent or legal guardian of the child alleged to be dependent, neglected, or abused; (c) Persons within the cabinet with a legitimate interest or responsibility related to the case; (d) A licensed child-caring facility or child-placing agency evaluating placement for or serving a child who is believed to be the victim of an abuse, neglect, or dependency report; (e) Other medical, psychological, educational, or social service agencies, child care administrators, corrections personnel, or law enforcement agencies, including the county attorney's office, the coroner, and the local child fatality response team, that have a legitimate interest in the case; (f) A noncustodial parent when the dependency, neglect, or abuse is substantiated; (g) Members of multidisciplinary teams as defined by KRS 620.020 and which operate pursuant to KRS 431.600; (h) Employees or designated agents of a children's advocacy center; (i) Those persons so authorized by court order; (j) The external child fatality and near fatality review panel established by KRS 620.055; (k) A person, agency, or organization engaged in a bona fide research, quality improvement, or evaluation project having value as determined by the cabinet. This paragraph shall not limit the authority of the cabinet to decline to share data in cases where it deems a research, quality improvement, or evaluation project lacks sufficient merit or value, or where it deems the perceived risks to be unacceptably high. Data sharing shall be driven by the aims of advancing human knowledge, complying with federal requirements, and facilitating future planning for programs that support families, serve maltreated children, or inform the development of policy. Data may be shared under this paragraph only when the following conditions are met: 1. The person, agency, or organization enters into a data-use agreement with the cabinet and complies with the data security and privacy conditions outlined by the Office of Data Analytics within the cabinet; 2. Any confidential information provided for a research, quality improvement, or evaluation project under this paragraph shall not be redisclosed. The cabinet shall not share personally identifiable information under this paragraph, except in cases where the information is essential to the completion of the project. As used in this subparagraph, "personally identifiable information" means the current definition promulgated by the United States National Institute of Standards and Technology at the time of data sharing; and 3. If a research, quality improvement, or evaluation project results in the publication or public dissemination of related material, confidential information provided for a research, quality improvement, or evaluation project under this subparagraph shall not be disclosed in the results; or (l) The Commonwealth Office of the Ombudsman established pursuant to KRS 43.035. (6) (a) Files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by a children's advocacy center in providing services under this chapter are confidential and shall not be disclosed except to the following persons: 1. Staff employed by the cabinet, law enforcement officers, and Commonwealth's and county attorneys who are directly involved in the investigation or prosecution of the case, including a cabinet investigation or assessment of child abuse, neglect, and dependency in accordance with this chapter; 2. Medical and mental health professionals listed by name in a release of information signed by the guardian of the child, provided that the information shared is limited to that necessary to promote the physical or psychological health of the child or to treat the child for abuse-related symptoms; 3. The court and those persons so authorized by a court order; 4. The external child fatality and near fatality review panel established by KRS 620.055; 5. The Commonwealth Office of the Ombudsman established pursuant to KRS 43.035; and 6. The parties to an administrative hearing conducted by the cabinet or its designee in accordance with KRS Chapter 13B in an appeal of a cabinet - substantiated finding of abuse or neglect. The children's advocacy center may, in its sole discretion, provide testimony in lieu of files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by the center if the center determines that the release poses a threat to the safety or well-being of the child, or would be in the best interests of the child. Following the administrative hearing and any judicial review, the parties to the administrative hearing shall return all files, reports, notes, photographs, records, electronic and other communications, and working papers used or developed by the children's advocacy center to the center. (b) The provisions of this subsection shall not be construed as to contravene the Rules of Criminal Procedure relating to discovery. (7) Nothing in this section shall prohibit a parent or guardian from accessing records for his or her child providing that the parent or guardian is not currently under investigation by a law enforcement agency or the cabinet relating to the abuse or neglect of a child. (8) Nothing in this section shall prohibit employees or designated agents of a children's advocacy center from disclosing information during a multidisciplinary team review of a child sexual abuse case as set forth under KRS 620.040. Persons receiving this information shall sign a confidentiality statement consistent with statutory prohibitions on disclosure of this information. (9) Employees or designated agents of a children's advocacy center may confirm to another children's advocacy center that a child has been seen for services. If an information release has been signed by the guardian of the child, a children's advocacy center may disclose relevant information to another children's advocacy center. (10) (a) An interview of a child recorded at a children's advocacy center shall not be duplicated, except that the Commonwealth's or county attorney prosecuting the case may: 1. Make and retain one (1) copy of the interview; and 2. Make one (1) copy for the defendant's or respondent's counsel that the defendant's or respondent's counsel shall not duplicate. (b) The defendant's or respondent's counsel shall file the copy with the court clerk at the close of the case. (c) Unless objected to by the victim or victims, the court, on its own motion, or on motion of the attorney for the Commonwealth shall order all recorded interviews that are introduced into evidence or are in the possession of the children's advocacy center, law enforcement, the prosecution, or the court to be sealed. (d) The provisions of this subsection shall not be construed as to contravene the Rules of Criminal Procedure relating to discovery. (11) Identifying information concerning the individual initiating the report under KRS 620.030 shall not be disclosed except: (a) To law enforcement officials that have a legitimate interest in the case; (b) To the agency designated by the cabinet to investigate or assess the report; (c) To members of multidisciplinary teams as defined by KRS 620.020 that operated under KRS 431.600; (d) Under a court order, after the court has conducted an in camera review of the record of the state related to the report and has found reasonable cause to believe that the reporter knowingly made a false report; or (e) The external child fatality and near fatality review panel established by KRS 620.055. (12) (a) Information may be publicly disclosed by the cabinet in a case where child abuse or neglect has resulted in a child fatality or near fatality. (b) The cabinet shall conduct an internal review of any case where child abuse or neglect has resulted in a child fatality or near fatality and the cabinet had prior involvement with the child or family. The cabinet shall prepare a summary that includes an account of: 1. The cabinet's actions and any policy or personnel changes taken or to be taken, including the results of appeals, as a result of the findings from the internal review; and 2. Any cooperation, assistance, or information from any agency of the state or any other agency, institution, or facility providing services to the child or family that were requested and received by the cabinet during the investigation of a child fatality or near fatality. (c) The cabinet shall submit a report by September 1 of each year containing an analysis of all summaries of internal reviews occurring during the previous year and an analysis of historical trends to the Governor, the General Assembly, and the state child fatality review team created under KRS 211.684. (13) When an adult who is the subject of information made confidential by subsection (5) of this section publicly reveals or causes to be revealed any significant part of the confidential matter or information, the confidentiality afforded by subsection (5) of this section is presumed voluntarily waived, and confidential information and records about the person making or causing the public disclosure, not already disclosed but related to the information made public, may be disclosed if disclosure is in the best interest of the child or is necessary for the administration of the cabinet's duties under this chapter. (14) (a) As a result of any report of suspected child abuse or neglect: 1. Photographs and X-rays; 2. A comprehensive urine drug screen using confirmatory methodology that shall include the following synthetic opioids: a. Buprenorphine; b. Fentanyl; c. Methadone; and d. Xylazine; or 3. Other appropriate medical diagnostic procedures; may be taken or caused to be taken, without the c onsent of the parent or other person exercising custodial control or supervision of the child, as a part of the medical evaluation or investigation of these reports. (b) These photographs and X -rays, comprehensive drug screens, or results of other medical diagnostic procedures may be introduced into evidence in any subsequent judicial proceedings or an administrative hearing conducted by the cabinet or its designee in accordance with KRS Chapter 13B in an appeal of a cabinet-substantiated finding of child abuse or neglect. (c) The person performing the diagnostic procedures, taking photographs or X - rays, or administering the comprehensive drug screen shall be immune from criminal or civil liability for having performed the act. Nothing herein shall limit liability for negligence. (15) In accordance with 42 U.S.C. sec. 671, the cabinet shall share information about a child in the custody of the cabinet with a relative or a parent of the child's sibling for the purposes of: (a) Evaluating or arranging a placement for the child; (b) Arranging appropriate treatment services for the child; or (c) Establishing visitation between the child and a relative, including a sibling of the child. (16) In accordance with 42 U.S.C. sec. 671, the cabinet shall, in the case of siblings removed from their home who are not jointly placed, provide for frequent visitation or other ongoing interaction between the siblings, unless the cabinet determines that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings. (17) This section shall not be interpreted as prohibiting the Commonwealth Office of the Ombudsman from reporting pursuant to KRS 43.035 on de-identified information made confidential by this section. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 68, sec. 6, effective July 15, 2026. -- Amended 2025 Ky. Acts ch. 14, sec. 1, effective June 27, 2025; and ch. 117, sec. 30, effective March 27, 2025. -- Amended 2024 Ky. Acts ch. 144, sec. 7, effective July 15, 2024. - - Amended 2019 Ky. Acts ch. 3, sec. 1, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 159, sec. 19, effective July 14, 2018. -- Amended 2016 Ky. Acts ch. 115, sec. 6, effective July 15, 2016. -- Amended 2013 Ky. Acts ch. 39, sec. 2, effective June 25, 2013. -- Amended 2004 Ky. Acts ch. 169, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 87, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 144, sec. 7, effective July 14, 2000; and ch. 164, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 57, sec. 19, effective March 17, 1998; and ch. 303, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 18, sec. 6, effective July 15, 1996; and ch. 347, sec. 7, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 350, sec. 45, effecti ve April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 66, effective July 1, 1987.

KRS 620.051 Background check of child abuse and neglect records -- Fee -- Central registry -- Administrative regulations

620.051. Background check of child abuse and neglect records -- Fee -- Central registry -- Administrative regulations (1) The cabinet may charge a fee of ten dollars ($10) per background check of the cabinet's child abuse and neglect records when those services are requested by a person for professional, trade, or commercial purposes or for personal use. (2) The cabinet shall promulgate administrative regulations to establish the central registry and the process for a background check of the cabinet's child abuse and neglect records. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 159, sec. 18, effective July 14, 2018.

KRS 620.052 Provision of information to parent or legal guardian concerning community service programs for families in crisis when child protection investigation does not result in out-of-home placement of a child

620.052. Provision of information to parent or legal guardian concerning community service programs for families in crisis when child protection investigation does not result in out-of-home placement of a child During a child protection investigation that does not result in an out-of-home placement due to abuse of a child, the Cabinet for Health and Family Services is authorized and encouraged to provide information to the parent or legal guardian about community service programs that provide support services for families in crisis, including organizations that operate programs authorized under KRS 403.352 and 403.353. The Cabinet for Health and Family Services is authorized to exercise its discretion in recommending programs, organizations, and resources to the parent or legal guardian. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 107, sec. 3, effective July 15, 2016. Legislative Research Commission Note (7/15/2016). 2016 Ky. Acts ch. 107, sec. 3 directed that a new section of KRS Chapter 403 be created for the text of this statute. The subject matter of KRS Chapter 403 relates to divorce and dissolution of marriage. Since this statute addresses an option for the Cabinet for Health and Family Services to follow at the conclusion of a child protection investigation that does not result in removing a child from the parent or legal guardian's home, in codification the Reviser of Statutes created a new section of KRS Chapter 620, which addresses child abuse and neglect investigations, as a more appropriate statutory designation under the authority of KRS 7.136(1)(a).

KRS 620.055 External child fatality and near fatality review panel -- Creation -- Members -- Meetings -- Duties -- Responsibilities -- Information required to be provided to members -- Report and response -- Annual reports -- Confidentiality -- Destruction of information following conclusion of panel's examination -- Application of open records and open meetings law --

620.055. External child fatality and near fatality review panel -- Creation -- Members -- Meetings -- Duties -- Responsibilities -- Information required to be provided to members -- Report and response -- Annual reports -- Confidentiality -- Destruction of information following conclusion of panel's examination -- Application of open records and open meetings law -- Limitation of liability -- Proceedings are privileged -- Annual evaluation of panel's work. (1) An external child fatality and near fatality review panel is hereby created and established for the purpose of conducting comprehensive reviews of child fatalities and near fatalities, reported to the Cabinet for Health and Family Services, suspected to be a result of abuse or neglect. The pan el shall be attached to the Justice and Public Safety Cabinet for staff and administrative purposes. (2) The external child fatality and near fatality review panel shall be composed of the following five (5) ex officio nonvoting members and seventeen (17) voting members: (a) Two (2) members of the Kentucky General Assembly, one (1) appointed by the President of the Senate and one (1) appointed by the Speaker of the House of Representatives, who shall be ex officio nonvoting members; (b) The commissioner of the Department for Community Based Services, who shall be an ex officio nonvoting member; (c) The commissioner of the Department for Public Health, who shall be an ex officio nonvoting member; (d) A family court judge selected by the Chief Justice of the K entucky Supreme Court, who shall be an ex officio nonvoting member; (e) A pediatrician from the University of Kentucky's Department of Pediatrics who is licensed and experienced in forensic medicine relating to child abuse and neglect to be selected by the Attorney General from a list of three (3) names provided by the dean of the University of Kentucky School of Medicine; (f) A pediatrician from the University of Louisville's Department of Pediatrics who is licensed and experienced in forensic medicine rel ating to child abuse and neglect to be selected by the Attorney General from a list of three (3) names provided by the dean of the University of Louisville School of Medicine; (g) The state medical examiner or designee; (h) A court-appointed special advocate (CASA) program director to be selected by the Attorney General from a list of three (3) names provided by the Kentucky CASA Network; (i) A peace officer with experience investigating child abuse and neglect fatalities and near fatalities to be selected by the Attorney General from a list of three (3) names provided by the commissioner of the Kentucky State Police; (j) A representative from Prevent Child Abuse Kentucky, Inc. to be selected by the Attorney General from a list of three (3) names provided by the president of the Prevent Child Abuse Kentucky, Inc. board of directors; (k) A practicing local prosecutor to be selected by the Attorney General; (l) The executive director of the Kentucky Domestic Violence Association or the executive director's designee; (m) The chairperson of the State Child Fatality Review Team established in accordance with KRS 211.684 or the chairperson's designee; (n) A practicing social work clinician to be selected by the Attorney General from a list of three (3) names provided by the Board of Social Work; (o) A practicing addiction counselor to be selected by the Attorney General from a list of three (3) names provided by the Kentucky Association of Addiction Professionals; (p) A representative from the family resource and youth service centers to be selected by the Attorney General from a list of three (3) names submitted by the Cabinet for Health and Family Services; (q) A representative of a community mental health center to be selected by the Attorney General from a list of three (3) names provided by the Kentucky Association of Regional Mental Health and Mental Retardation Programs, Inc.; (r) A member of a citizen foster care review board selected by the Chief Justice of the Kentucky Supreme Court; (s) An at-large representative who shall serve as chairperson to be selected by the Secretary of State; (t) The president of the Kentucky Coroners Association; and (u) A practicing medication-assisted treatment provider to be selected by the Attorney General from a list of three (3) names provided by the Kentucky Board of Medical Licensure. (3) (a) The appointing authority or the appointing authorities, as the case ma y be, shall have appointed panel members. Initial terms of members, other than those serving ex officio, shall be staggered to provide continuity. Initial appointments shall be: five (5) members for terms of one (1) year, five (5) members for terms of two (2) years, and five (5) members for terms of three (3) years, these terms to expire, in each instance, on June 30 and thereafter until a successor is appointed and accepts appointment. (b) Upon the expiration of these initial staggered terms, successors sh all be appointed by the respective appointing authorities for terms of two (2) years and until successors are appointed and accept their appointments. Members shall be eligible for reappointment. Vacancies in the membership of the panel shall be filled in the same manner as the original appointments. (c) At any time, a panel member shall recuse himself or herself from the review of a case if the panel member believes he or she has a personal or private conflict of interest. (d) If a voting panel member is absent from two (2) or more consecutive, regularly scheduled meetings, the member shall be considered to have resigned and shall be replaced with a new member in the same manner as the original appointment. (e) If a voting panel member is proven to have violated subsection (13) of this section, the member shall be removed from the panel, and the member shall be replaced with a new member in the same manner as the original appointment. (4) The panel shall meet at least quarterly and may meet upon the call of the chairperson of the panel. (5) Members of the panel shall receive no compensation for their duties related to the panel, but may be reimbursed for expenses incurred in accordance with state guidelines and administrative regulations. (6) Each panel member shall be provided copies of all information set out in this subsection, including but not limited to records and information, upon request, to be gathered, unredacted, and submitted to the panel within thirty (30) days by the Cabinet for Health and Family Services from the Department for Community Based Services or any agency, organization, or entity involved with a child subject to a fatality or near fatality: (a) Cabinet for Health and Family Services records and documentation regarding the deceased or injured child and his or her caregivers, residents of the home, and persons supervising the child at the time of the incident that include all records and documentation set out in this paragraph: 1. All prior and ongoing investigations, services, or contacts; 2. All records of services to the family provided by agencies or individuals contracted by the Cabinet for Health and Family Services; and 3. All documentation of actions taken as a result of child fatality internal reviews conducted pursuant to KRS 620.050(12)(b); (b) Licensing reports from the Cabinet for Health and Family Services, Office of Inspector General, if an incident occurred in a licensed facility; (c) All available records regarding protective services provided out of state; (d) All records of services provided by the Department for Juvenile Justice regarding the deceased or injured child and his or her caregivers, residents of the home, and persons involved with the child at the time of the incident; (e) Autopsy reports; (f) Emergency medical service, fire d epartment, law enforcement, coroner, and other first responder reports, including but not limited to photos and interviews with family members and witnesses; (g) Medical records regarding the deceased or injured child, including but not limited to all records and documentation set out in this paragraph: 1. Primary care records, including progress notes; developmental milestones; growth charts that include head circumference; all laboratory and X-ray requests and results; and birth record that includes record of delivery type, complications, and initial physical exam of baby; 2. In-home provider care notes about observations of the family, bonding, others in home, and concerns; 3. Hospitalization and emergency department records; 4. Dental records; 5. Special ist records; and 6. All photographs of injuries of the child that are available; (h) Educational records of the deceased or injured child, or other children residing in the home where the incident occurred, including but not limited to the records and docu ments set out in this paragraph: 1. Attendance records; 2. Special education services; 3. School-based health records; and 4. Documentation of any interaction and services provided to the children and family. The release of educational records shall compl y with the Family Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g and its implementing regulations; (i) Head Start records or records from any other child care or early child care provider; (j) Records of any Family, Circuit, or District Court inv olvement with the deceased or injured child and his or her caregivers, residents of the home and persons involved with the child at the time of the incident that include but are not limited to the juvenile and family court records and orders set out in thi s paragraph, pursuant to KRS Chapters 199, 403, 405, 406, and 600 to 645: 1. Petitions; 2. Court reports by the Department for Community Based Services, guardian ad litem, court -appointed special advocate, and the Citizen Foster Care Review Board; 3. All orders of the court, including temporary, dispositional, or adjudicatory; and 4. Documentation of annual or any other review by the court; (k) Home visit records from the Department for Public Health or other services; (l) All information on prior allegatio ns of abuse or neglect and deaths of children of adults residing in the household; (m) All law enforcement records and documentation regarding the deceased or injured child and his or her caregivers, residents of the home, and persons involved with the chi ld at the time of the incident; (n) Mental health records regarding the deceased or injured child and his or her caregivers, residents of the home, and persons involved with the child at the time of the incident; and (o) All supervisory consult notes, documents, and information related to all fatal and near fatal cases. (7) The panel may seek the advice of experts, such as persons specializing in the fields of psychiatric and forensic medicine, nursing, psychology, social work, education, law enforcement, family law, or other related fields, if the facts of a case warrant additional expertise. (8) The panel shall have full access to The Workers Information System, known as TWIST, and the internet The Workers Information System, known as iTWIST, that are maintained by the Cabinet for Health and Family Services. (9) The panel shall be provided with the quarterly System Safety Review Report that is submitted to the Safety Action Group (SAG) and with any additional reports, minutes, and recommendations from the SAG meetings that are not part of the recommendations incorporated in the Cabinet for Health and Family Services Annual Fatality Report. (10) The panel shall post updates after each meeting to the website of the Justice and Public Safety Cabinet regarding case reviews, findings, and recommendations. (11) The panel chairperson, or other requested persons, shall report a summary of the panel's discussions and proposed or actual recommendations to the Interim Joint Committee on Families and Children of the Kentucky General Assembly monthly or at the request of a committee co-chair. The goal of the committee shall be to ensure impartiality regarding the operations of the panel during its review process. (12) (a) The panel shall publish an annual report by February 1 of each year consisting of case reviews, findings, and recommendations for system and process improvements to help prevent child fatalities and near fatalities that are due to abuse and neglect. The report shall be submitted to the Governor, the secretary of the Cabinet for Health and Family Services, the Chief Justice of the Supreme Court, the Attorney General, the State Child Abuse and Neglect Prevention Board established pursuant to KRS 15.905, and the director of the Legislative Research Commission for distribution to the Interim Joint Committee on Families and Children and the Interim Joint Committee on Judiciary. (b) The panel shall determine which agency is responsible for implementing each recommendation, and shall forward each recommendation in writing to the appropriate agency. (c) Any agency that receives a recommendation from the panel shall, within ninety (90) days of receipt: 1. Respond to the panel with a written notice of intent to implement the recommendation, an explanation of how the recommendation will be implemented, and an approximate time frame of implementation; or 2. Respond to the panel with a written notice that the agency does not intend to implement the recommendation, and a detailed explanation of why the recommendation cannot be implemented. (13) (a) Information and record copies that are confidential under state or federal law and are provided to the external child fatality and near fatality review panel by the Cabinet for Health and Family Services, the Department for Community Based Services, or any agency, organization, or entity for review shall not become the information and records of the panel and shall not lose their confidentiality by virtue of the panel's access to the information and records. (b) The original information and records used to generate information and record copies provided to the panel in accordance with subsection (6) of this section shall be maintained by the appropriate agency in accordance with state and federal law and shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884. (c) All open records requests shall be made to the appropriate agency, not to the external child fatality and near fatality review panel or any of the panel members. (d) Information and record copies provided to the panel for review shall be exempt from the Kentucky Open Records Act, KRS 61.870 to 61.884. (e) At the conclusion of the panel's examination, all copies of information and records provided to the panel involving an individual case shall be destroyed by the Justice and Public Safety Cabinet. (14) (a) Notwithstanding any provision of law to the contrary, the portions of the external child fatality and near fatality review panel meetings during which an individual child fatality or near fatality case is reviewed or discussed by panel members may be a closed session and subject to the provisions of KRS 61.815(1) and shall only occur following the conclusion of an open session. At the conclusion of the closed session, the panel shall immediately convene an open session and give a summary of what occurred during the closed session. (b) The external child fatality and near fatality review panel shall develop a procedure for discussion of cases that are being reviewed by the panel with the agency that was responsible for the investigation of the case and shall include the following requirements: 1. Any discussions about a case shall be held in a closed session; 2. Anything said by an employee of the investigating agency shall not be used as evidence in any civil, criminal, or administrative hearing; 3. Any employee of the investigating agency may attend with the employee or employees who investigated the case being discussed; and 4. The investigating agency shall not be asked to attend until after final judgment was entered by the court in that case or the Commonwealth declined to prosecute the case. (15) Each member of the external child fatality and near fatality review panel, any person attending a closed panel session, and any person presenting information or records on an individual child fatality or near fatality shall not release information or records not available under the Kentucky Open Records Act, KRS 61.870 to 61.884 to the public. (16) A member of the external child fatality and near fatality review panel shall not be prohibited from making a good-faith report to any state or federal agency of any information or issue that the panel member believes should be reported or disclosed to facilitate effectiveness and transparency in Kentucky's child protective services. (17) A member of the external child fatality and near fatality review panel shall not be held liable for any civil damages or criminal penalties pursuant to KRS 620.990 as a result of any action taken or omitted in the performance of the member's duties pursuant to this section and KRS 620.050, except for violations of subsection (13), (14), or (15) of this section. (18) The proceedings, records, opinions, and deliberations of the external child fatality and near fatality review panel shall be privileged and shall not be subject to discovery, subpoena, or introduction into evidence in any civil or criminal actions in any manner that would directly or indirectly identify specific persons or cases reviewed by the panel. Nothing in this subsection shall be construed to restrict or limit the right to discover or use in any civil action any evidence that is discoverable independent of the proceedings of the panel. (19) The Legislative Oversight and Investigations Committee of the Kentucky General Assembly shall conduct an annual evaluation of the external child fatality and near fatality review panel established pursuant to this section to monitor the operations, procedures, and recommendations of the panel and shall report its findings to the General Assembly. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 53, sec. 3, effective July 15, 2026; and ch. 68, sec. 8, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 25, sec. 36, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 75, sec. 18, effective April 1, 2022; ch. 139, sec. 2, effective July 14, 2022; ch. 211, sec. 30, effective January 1, 2023; and ch. 223, sec. 14, effective January 1, 2023. -- Amended 2021 Ky. Acts ch. 14, sec. 10, effective March 12, 2021. -- Amended 2018 Ky. Acts ch. 159, sec. 5 5, effective July 14, 2018. -- Created 2013 Ky. Acts ch. 39, sec. 1, effective June 25, 2013. Legislative Research Commission Note (7/15/2026). This statute was amended by 2026 Ky. Acts chs. 53 and 68, which do not appear to be in conflict and have been codified together.

KRS 620.060 Emergency custody orders

620.060. Emergency custody orders (1) The court for the county where the child ordinarily resides or will reside or the county where the child is present may issue an ex parte emergency custody order when it appears to the court that removal is in the best interest of the child and that there are reasonable grounds to believe, as supported by affidavit or by recorded sworn testimony, that one (1) or more of the following conditions exist and that the parents or other person exercising custodial control or supervision are unable or unwilling to protect the child: (a) The child is in danger of imminent death or serious physical injury or is being sexually abused; (b) The parent has repeatedly inflicted or allowed to be inflicted by other than accidental means physical injury or emotional injury. This condition shall not include reasonable and ordinary discipline recognized in the community where the child lives, as long as reasonable and ordinary discipline does not result in abuse or neglect as defined in KRS 600.020(1); or (c) The child is in immediate danger due to the parent's failure or refusal to provide for the safety or needs of the child. (2) Custody may be placed with a relative taking into account the wishes of the custodial parent and child or any other appropriate person or agency including the cabinet. (3) An emergency custody order shall be effective no longer than seventy-two (72) hours, exclusive of weekends and holidays, unless there is a temporary removal hearing with oral or other notice to the county attorney and the parent or other person exercising custodial control or supervision of the child, to determine if the child should be held for a longer period. The seventy-two (72) hour period also may be extended or delayed upon the waiver or request of the child's parent or other person exercising custodial control or supervision. (4) Any person authorized to serve process shall serve the parent or other person exercising custodial control or supervision with a copy of the emergency custody order. If such person cannot be found, the sheriff shall make a good faith effort to notify the nearest known relative, neighbor, or other person familiar with the child. (5) Within seventy-two (72) hours of the taking of a child into custody without the consent of his parent or other person exercising custodial control or supervision, a petition shall be filed pursuant to this chapter. (6) Nothing herein shall preclude the issuance of arrest warrants pursuant to the Rules of Criminal Procedure. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 20, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 57, sec. 4, effective March 17, 1998. -- Amended 1988 Ky. Acts ch. 350, sec. 46, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 67, effective July 1, 1987.

KRS 620.070 Dependency, neglect, or abuse action -- Service of petition and summons -- Contents of summons

620.070. Dependency, neglect, or abuse action -- Service of petition and summons -- Contents of summons (1) A dependency, neglect, or abuse action may be commenced by the filing of a petition by any interested person in the juvenile session of the District Court. (2) After a petition has been filed, the clerk of the court shall issue, and the sheriff or other person authorized to serve process, except an employee of the Cabinet for Health and Family Services, shall serve, a copy of the petition and a summons to the parent or other person exercising custodial control or supervision, unless their identity or location is unknown, in which case the petition and summons shall be served as directed by the court, which means may include service on the nearest known adult relative, service by mail to the last known address, or other service directed by the court and given in a manner reasonably calculated to give actual notice. Service may be by warning order if other means are not effective. (3) The summons shall include an explanation of the importance of the petition and an explanation of the rights of the parent or other person exercising custodial control in any subsequent proceedings. The summons shall emphasize the importance of immediately contacting the court about legal representation and to be advised of the date, time, and place when the parent or other person exercising custodial control or supervision is to appear before the court. The summons shall include written notification that the case may be reviewed by a local citizen foster care review board and the report of the board review shall become part of the court record. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 21, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 278, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 2, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 412, sec. 5, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 350, sec. 47, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 68, effective July 1, 1987.

KRS 620.072 Unannounced home visits concerning abused or neglected child -- Conditions requiring -- Request for assistance in gaining access to child

620.072. Unannounced home visits concerning abused or neglected child -- Conditions requiring -- Request for assistance in gaining access to child (1) If the cabinet's initial determination as to the risk of harm to and immediate safety of an alleged abused or neglected child as defined in KRS 600.020 requires an investigation or assessment pursuant to administrative regulations promulgated by the cabinet, including consideration of information on the nature and extent of a present danger or threat o f danger to the child or cabinet staff, and if: (a) The investigation requires a visit to the residence or location where the reported abuse or neglect occurred, the cabinet shall make the visit unannounced; or (b) The assessment requires a visit to the re sidence or location where the reported abuse or neglect occurred, the cabinet shall make the visit announced or unannounced; in addition to any other actions taken to protect the child. (2) If the initial visit is necessary, after it is completed, the cab inet shall incorporate unannounced visits with any necessary scheduled visits until the welfare of the child has been safeguarded in accordance with administrative regulations promulgated by the cabinet. (3) If there is reason to believe a child is in immi nent danger, or if a parent or caretaker of a child refuses the cabinet entry to a child's home or refuses to allow a child to be interviewed, the cabinet may request assistance: (a) From law enforcement; or (b) Through a request for a court order pursuant to KRS 620.040(5)(a). (4) A school or a child-care provider shall provide the cabinet access to a child subject to an investigation or assessment without parental consent. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 107, sec. 4, effective June 29, 2023. -- Created 2017 Ky. Acts ch. 188, sec. 1, effective June 29, 2017. Legislative Research Commission Note (6/29/2017). 2017 Ky. Acts ch. 188, sec. 2 provided that this statute created in 2017 Ky. Acts ch. 188, sec. 1 may be cited as the Tucker Act.

KRS 620.080 Temporary removal hearing

620.080. Temporary removal hearing (1) Unless waived by the child and his parent or other person exercising custodial control or supervision, a temporary removal hearing shall be held: (a) Within seventy-two (72) hours, excluding weekends and holidays, of the time when an emergency custody order is issued or when a child is taken into custody without the consent of his parent or other person exercising custodial control or supervision; and (b) In cases commenced by the filing of a petition, within ten (10) days of the date of filing. (2) At a temporary removal hearing, the court shall determine whether there are reasonable grounds to believe that the child would be dependent, neglected or abused if returned to or left in the custody of his parent or other person exercising custodial control or supervision even though it is not proved conclusively who has perpetrated the dependency, neglect or abuse. For good cause, the court may allow hearsay evidence. The Commonwealth shall bear the burden of proof by a preponderance of the evidence and if the Commonwealth should fail to establish same, the child shall be released to or retained in the custody of his parent or other person exercising custodial control or supervision. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 48, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 69, effective July 1, 1987.

KRS 620.090 Temporary custody orders

620.090. Temporary custody orders (1) If, after completion of the temporary removal hearing, the court finds there are reasonable grounds to believe the child is dependent, neglected or abused, the court shall: (a) Issue an order for temporary removal and shall grant temporary custody to the cabinet or other appropriate person or agency. Preference shall be given to available and qualified relatives of the child considering the wishes of the parent or other person exercising custodial control or supervision, if known. The order shall state the specific reasons for removal and show that alternative less restrictive placements and services have been considered. The court may recommend a placement for the child; (b) Inquire as to an existing child support order; and (c) If there is no existing order, or if the order is to be amended, the court shall: 1. Make specific findings, either written or on the record, as to: a. The child support obligation in the best interest of the child; b. The action to be taken by the payee, payor, or any other party by making an application for services to the child support office who shall take all appropriate action; or c. Setting a hearing as soon as practicable; and 2. Require proper service before establishing a new child support order. (2) In placing a child under an order of temporary custody, the cabinet or its designee shall use the least restrictive appropriate placement available. Preference shall be given to available and qualified relatives of the child considering the wishes of the parent or other person exercising custodial control or supervision, if known. The child may also be placed in a facility or program operated or approved by the cabinet, including a foster home, or any other appropriate available placement. However, under no circumstance shall the child be placed in a home, facility, or other shelter with a child who has been committed to the Department of Juvenile Justice for commission of a sex crime as that term is defined in KRS 17.500, unless the child committed for the commission of a sex crime is kept segregated from other children in the home, facility, or other shelter that have not been committed for the commission of a sex crime. (3) If the court finds there are not reasonable grounds to believe the child is dependent, neglected or abused, or if no action is taken within seventy-two (72) hours, the emergency custody order shall be dissolved automatically and the cabinet or its designee shall return the child to the parent or other person exercising custodial control or supervision. A request for a continuance of the hearing by the parent or other person exercising custodial control or supervision shall constitute action precluding automatic dissolution of the emergency custody order. (4) When the court issues a temporary order for the custody of a child, the court may order that, within two (2) weeks, arrangements be made for the child to receive a thorough medical, visual, and dental examination by a professional authorized by the Kentucky Revised Statutes to conduct such examinations. The costs of the examination shall be paid by the cabinet. (5) The child shall remain in temporary custody with the cabinet for a period of time not to exceed forty-five (45) days from the date of the removal from his home. The court shall conduct the adjudicatory hearing and shall make a final disposition within forty-five (45) days of the removal of the child. The court may extend such time after making written findings establishing the need for the extension and after finding that the extension is in the child's best interest. (6) If custody is granted to a grandparent of the child pursuant to this section, the court shall consider granting reasonable visitation rights to any other grandparent of the child if the court determines the grandparent has a significant and viable relationship with the child as established in KRS 405.021(1)(c). Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 122, sec. 3, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 47, sec. 5, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 197, sec. 2, effective July 14, 2018. -- Amended 2006 Ky. Acts ch. 182, sec. 51, effective July 12, 2006. -- Amended 1988 Ky. Acts ch. 350, sec. 49, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 70, effective July 1, 1987.

KRS 620.095 Restriction on placement of nonoffender

620.095. Restriction on placement of nonoffender A nonoffender, as defined in KRS 600.020, shall not be placed in secure or nonsecure detention. Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 87, sec. 6, effective July 15, 2008.

KRS 620.100 Appointment of separate counsel -- Court-appointed special advocate volunteer -- Full adjudicatory hearing -- Notice of proceedings -- Separate counsel to advise cabinet employee

620.100. Appointment of separate counsel -- Court-appointed special advocate volunteer -- Full adjudicatory hearing -- Notice of proceedings -- Separate counsel to advise cabinet employee (1) If the court determines, as a result of a temporary removal hearing, that further proceedings are required, the court shall advise the child and his parent or other person exercising custodial control or supervision of their right to appointment of separate counsel: (a) The court shall appoint counsel for the child to be paid for by the Finance and Administration Cabinet. Counsel shall document participation in training on the role of counsel that includes training in early childhood, child, and adolescent development. The clerk of the court shall arrange for service on all parties, including the local representative of the Cabinet for Health and Family Services, of the order appointing counsel. The fee to be fixed by the court shall not exceed five hundred dollars ($500); however, if the action has final disposition in the District Court, the fee shall not exceed two hundred fifty dollars ($250); (b) The court shall appoint separate counsel for the parent who exercises custodial control or supervision if the parent is unable to afford counsel pursuant to KRS Chapter 31. The clerk of the court shall arrange for service on all parties, including the local representative of the Cabinet for Health and Family Services, of the order appointing counsel. The parent's counsel shall be provided or paid for by the Finance and Administration Cabinet. The fee to be fixed by the court shall not exceed five hundred dollars ($500); however, if the action has final disposition in the District Court, the fee shall not exceed two hundred fifty dollars ($250); (c) The court shall appoint separate counsel for a person claiming to be a de facto custodian, as defined in KRS 403.270, if the person is unable to afford counsel pursuant to KRS Chapter 31. The clerk of the court shall arrange for service on all parties, including the local representative of the Cabinet for Health and Family Services, of the order appointing counsel. The person's counsel shall be provided or paid for by the Finance and Administration Cabinet. The fee to be fixed by the court shall not exceed five hundred dollars ($500); however, if the action has final disposition in the District Court, the fee shall not exceed two hundred fifty dollars ($250); (d) The court may, in the interest of justice, appoint separate counsel for a nonparent who exercises custodial control or supervision of the child, if the person is unable to afford counsel, pursuant to KRS Chapter 31. The clerk of the court shall arrange for service on all parties, including the local representative of the Cabinet for Health and Family Services, of the order appointing counsel. Counsel for the person shall be provided or paid for by the Finance and Administration Cabinet. The fee to be fixed by the court shall not exceed five hundred dollars ($500); however, if the action has final disposition in the District Court, the fee shall not exceed two hundred fifty dollars ($250); and (e) The court may, in the interest of justice, appoint a court-appointed special advocate volunteer to represent the best interests of the child pursuant to KRS 620.500 to 620.550. The clerk of the court shall arrange for service on all parties, including the local representative of the cabinet, of the order appointing the court-appointed special advocate volunteer. (2) If the court determines that further proceedings are required, the court also shall advise the child and his parent or other person exercising custodial control or supervision that they have a right to not incriminate themselves, and a right to a full adjudicatory hearing at which they may confront and cross-examine all adverse witnesses, present evidence on their own behalf and to an appeal. (3) The adjudication shall determine the truth or falsity of the allegations in the complaint. The burden of proof shall be upon the complainant, and a determination of dependency, neglect, and abuse shall be made by a preponderance of the evidence. The Kentucky Rules of Civil Procedure shall apply. (4) The disposition shall determine the action to be taken by the court on behalf of the child and his parent or other person exercising custodial control or supervision. (5) Foster parents, preadoptive parents, or relatives providing care for the child shall receive notice of, and shall have a right to be heard in, any proceeding held with respect to the child. This subsection shall not be construed to require that a foster parent, preadoptive parent, or relative caring for the child be made a party to a proceeding solely on the basis of the notice and right to be heard. (6) If the court determines that further proceedings are required, the court shall, in the interest of justice, have the ability to request that separate counsel is available to advise a cabinet employee in court anytime that the cabinet employee is required to be in court. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 180, sec. 1, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 159, sec. 47, effective July 14, 2018. -- Amended 2013 Ky. Acts ch. 79, sec. 7, effective June 25, 2013. -- Amended 2005 Ky. Acts ch. 99, sec. 666, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 618, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 245, sec. 1, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 241, sec. 1, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 350, sec. 50, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 71, effective July 1, 1987.

KRS 620.110 Petition for immediate entitlement to custody

620.110. Petition for immediate entitlement to custody Any person aggrieved by the issuance of a temporary removal order may file a petition in Circuit Court for immediate entitlement to custody and a hearing shall be expeditiously held according to the Rules of Civil Procedure. During the pendency of the petition for immediate entitlement the orders of the District Court shall remain in effect. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 72, effective July 1, 1987.

KRS 620.120 Criminal charges tried separately

620.120. Criminal charges tried separately In cases where criminal charges arising out of the same transaction or occurrence are filed against an adult alleged to be the perpetrator of child abuse or neglect, such charges shall be tried separately from the adjudicatory hearing held pursuant to this chapter. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 73, effective July 1, 1987.

KRS 620.125 Testimony in adjudication not admissible in criminal proceeding except for purposes of impeachment

620.125. Testimony in adjudication not admissible in criminal proceeding except for purposes of impeachment Testimony offered by an alleged responsible parent or person exercising custodial control or supervision in an adjudication of a petition under this chapter for dependency, abuse, or neglect shall not be admissible in any criminal proceeding for charges arising from the same transaction or occurrence except for the purposes of impeachment. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 159, sec. 17, effective July 14, 2018.

KRS 620.130 Alternatives to removal from custody

620.130. Alternatives to removal from custody (1) In any proceeding under this chapter, when the court is petitioned to remove or continue the removal of a child from the custody of his parent or other person exercising custodial control or supervision, the court shall first consider whether the child may be reasonably protected against the alleged dependency, neglect or abuse, by alternatives less restrictive than removal. Such alternatives may include, but shall not be limited to, the provision of medical, educational, psychiatric, psychological, social work, counseling, day care, or homemaking services with monitoring wherever necessary by the cabinet or other appropriate agency. Where the court specifically finds that such alternatives are adequate to reasonably protect the child against the alleged dependency, neglect or abuse, the court shall not order the removal or continued removal of the child. (2) If the court orders the removal or continues the removal of the child, services provided to the parent and the child shall be designed to promote the protection of the child and the return of the child safely to the child's home as soon as possible. The cabinet shall develop a treatment plan for each child designed to meet the needs of the child. The cabinet may change the child's placement or treatment plan as the cabinet may require. The cabinet shall notify the committing court of the change, in writing, within fourteen (14) days after the change has been implemented. Effective: March 17, 1998 History: Amended 1998 Ky. Acts ch. 57, sec. 5, effective March 17, 1998. -- Created 1986 Ky. Acts ch. 423, sec. 74, effective July 1, 1987.

KRS 620.140 Dispositional alternatives

620.140. Dispositional alternatives (1) In determining the disposition of all cases brought on behalf of dependent, neglected, or abused children, the juvenile session of the District Court or the family division of the Circuit Court, in the best interests of the child, shall have but shall not be limited to the following dispositional alternatives: (a) Informal adjustment of the case by agreement, which may be entered into at any time. Informal adjustment may include an agreed plan by which: 1. The parent or other person exercising custodial control or supervision agrees that grounds exist for a finding of dependency, neglect, or abuse, and agrees to the conditions of protective orders under paragraph (b) of this subsection for a duration of up to one (1) year; 2. The action will be dismissed by the court, without hearing, at the end of the period agreed upon if no motion is brought alleging a violation of a protective order; and 3. If a motion is brought alleging a violation of a protective order, a hearing will be held at which the parent or other person exercising custodial control or supervision may contest the alleged violation, but may not contest the original grounds for a finding of dependency, neglect, or abuse. If a violation is found to have occurred, the court may consider other dispositional alternatives pursuant to this section; (b) Protective orders, such as the following: 1. Requiring the parent or any other person to abstain from any conduct abusing, neglecting, or making the child dependent; 2. Placing the child in his or her own home under supervision of the cabinet or its designee with services as determined to be appropriate by the cabinet; and 3. Orders authorized by KRS 403.715 to 403.785 and by KRS Chapter 456; (c) Removal of the child to the custody of an adult relative, fictive kin, other person, or child-caring facility or child-placing agency, taking into consideration the wishes of the parent or other person exercising custodial control or supervision. Before any child is committed to the cabinet or placed out of his or her home under the supervision of the cabinet, the court shall determine that reasonable efforts have been made by the court or the cabinet to prevent or eliminate the need for removal and that continuation in the home would be contrary to the welfare of the child. If a child is to be placed with an adult relative or fictive kin, the child, if able, parent, or other person exercising custodial control or supervision shall provide a list to the cabinet of possible persons to be considered; (d) Commitment of the child to the custody of the cabinet for placement for an indeterminate period of time not to exceed his or her attainment of the age eighteen (18), unless the youth elects to extend his or her commitment beyond the age of eighteen (18) under paragraph (e) of this subsection. Beginning at least six (6) months prior to an eligible youth attaining the age of eighteen (18), the cabinet shall provide the eligible youth with education, encouragement, assistance, and support regarding the development of a transition plan, and inform the eligible youth of his or her right to extend commitment beyond the age of eighteen (18); or (e) Upon the receipt of the request and with concurrence of the cabinet, extend or reinstate the youth's commitment or custody up to the age of twenty-one (21) to receive transitional living support. The request shall be made by the youth prior to attaining twenty (20) years and six (6) months of age. A youth may extend or reinstate his or her commitment up to three (3) times prior to attaining twenty (20) years and six (6) months of age, without seeking approval from the commissioner of the department. A youth may extend or reinstate his or her commitment more than three (3) times prior to attaining twenty (20) years and six (6) months of age if approved by the commissioner of the department or his or her designee. The court may grant an extension or reinstatement of a youth's commitment even if the concurrence of the cabinet occurs after the youth attains twenty (20) years and six (6) months of age. (2) An order of temporary custody to the cabinet shall not be considered as a permissible dispositional alternative. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 68, sec. 7, effective July 15, 2026. -- Amended 2024 Ky. Acts ch. 85, sec. 1, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 75, sec. 19, effective April 1, 2022. -- Amended 2021 Ky. Acts ch. 179, sec. 1, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 132, sec. 1, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 10, sec. 6, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 102, sec. 50, effective January 1, 2016. -- Amended 2012 Ky. Acts ch. 143, sec. 2, effective July 12, 2012. -- Amended 1990 Ky. Acts ch. 253, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 350, sec. 51, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 75, effective July 1, 1987.

KRS 620.142 Custodial, permanency, and service options available to relative or fictive kin caregiver of an abused, neglected, or dependent child -- Application timeframe for relative or fictive kin caregiver to become a relative or fictive kin foster parent

620.142. Custodial, permanency, and service options available to relative or fictive kin caregiver of an abused, neglected, or dependent child -- Application timeframe for relative or fictive kin caregiver to become a relative or fictive kin foster parent (1) The cabinet shall develop custodial, permanency, and service options, including but not limited to monetary supports, that shall be available to a relative or fictive kin caregiver in the instance that a child, who would otherwise be placed in another out-of-home placement, is placed with him or her due to a cabinet finding that the child is abused, neglected, or dependent, as determined by an assessment or investigation conducted in accordance with this chapter. The custodial, permanency, and service options available to a relative or fictive kin caregiver shall include but not be limited to: (a) A notification form that explains and describes the process by which a relative or fictive kin caregiver can be certified as a child -specific foster home and the financial and support benefits that come with that type of placement; (b) A program for a one (1) time monetary benefit as established by an administrative regulation promulgated in accordance with KRS Chapter 13A per child given to the relative or fictive kin caregiver at the time a child is placed with the relative or fictive kin caregiver; and (c) A detailed placement packet that lists all types of supports, financial and otherwise, that are available to a relative or fictive kin caregiver given to the relative or fictive kin caregiver at the time a child is placed with the relative or fictive kin caregiver. (2) The cabinet shall disclose to a prospective relative or fictive kin caregiver each of the options established in subsection (1) of this section prior to the child's placement. The prospective relative or fictive kin caregiver shall select the option that best represents the level of care and support needed for the child while the child is receiving treatment and care in the placement with the relative or fictive kin caregiver. (3) Within one hundred twenty (120) days of a placement made by the cabinet due to a cabinet finding that a child is abused, neglected, dependent, or a status offender, or upon a qualifying event as established in administrative regulation, a relative or fictive kin caregiver may apply to become a relative or fictive kin foster parent for the child in his or her care. (4) The custodial, permanency, and service options required by subsection (1) of this section shall reflect nationally recognized best practices. (5) The cabinet shall maximize services available under federal and state law, including but not limited to Titles IV and XIX of the Social Security Act, to fulfill the requirements of this section. (6) The cabinet shall, if necessary, seek any state or federal waivers to implement the provisions of subsection (3) of this section. (7) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 85, sec. 2, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 180, sec. 2, effective June 29, 2021. -- Created 2019 Ky. Acts ch. 73, sec. 1, effective June 27, 2019.

KRS 620.145 Cabinet's assessment of child's educational needs

620.145. Cabinet's assessment of child's educational needs (1) Within sixty (60) days of the commitment date of a child due to abuse, neglect, or dependency, the Cabinet for Health and Family Services shall provide the court with jurisdiction an assessment of the child to determine: (a) The child's current and historical educational functioning; (b) The child's emotional and behavioral functioning; and (c) The extent to which the child's life experiences and circumstances of commitment have created a disabling condition requiring special educational programming or other services to provide the child an appropriate public education. (2) Upon discerning of an emotional, behavioral, or other disabling condition with negative impact upon a child's educational experience, the Cabinet for Health and Family Services as guardian of the child shall ensure that whatever services necessary are obtained to allow the child the benefit of a free, appropriate public education. (3) Services required to allow the child a free, appropriate public education shall be limited to those required under Section 504 of Pub. L. 93-112, Pub. L. 94-142, or other federal statutes affecting children with emotional or behavioral disabilities. (4) The Cabinet for Health and Family Services shall include activities undertaken to ensure a child committed to the Cabinet for Health and Family Services receives adequate public education in the six (6) month case progress report required by KRS 620.240. (5) Any child removed from his home due to abuse, neglect, or dependency and placed in the least restrictive appropriate placement available shall, for the purposes of acquiring an appropriate public education, be considered a resident of the school district where the placement occurs. (6) The Cabinet for Health and Family Services shall provide a copy of the assessment required by subsection (1) of this section to the foster parent, or other agency or entity providing residential care to a committed child, within five (5) days of filing the assessment with the court. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 667, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 398, sec. 6, effective July 15, 1998; and ch. 426, sec. 619, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 405, sec. 89, effective July 15, 1994; and ch. 416, sec. 16, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 350, sec. 1, effective July 13, 1990.

KRS 620.146 Notice to be given to school personnel of persons authorized to contact or remove a child of whom the cabinet has custody from school grounds

620.146. Notice to be given to school personnel of persons authorized to contact or remove a child of whom the cabinet has custody from school grounds (1) If, as a result of dependency, neglect, or abuse, custody of a child is granted to the cabinet through an emergency, temporary, or permanent court order, the cabinet shall notify the principal or any assistant principal of the school in which the child is enrolled, and the school district's director of pupil personnel, of the names of persons authorized to contact the child at school, in accordance with school visitation or communication policy, or remove the child from school grounds. (2) The notification required by this section shall be provided by the Cabinet for Health and Family Services to the school: (a) By written notice via electronic mail or facsimile on the day that a court order is entered and again on any day that a change is made with regard to persons authorized to contact or remove the child from school. The verbal notification shall occur on the next school day immediately following the day a court order is entered or a change is made if the court order or change occurs after the end of the current school day; and (b) By electronic mail, facsimile, or hand delivery of a copy of the court order within ten (10) calendar days following the Cabinet for Health and Family Services' receipt of the court order of a change of custody or change in contact or removal authority. (3) The cabinet's mandate to provide the information required by this section shall cease when the court order under which the cabinet acts is rescinded or otherwise expires. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 44, effective July 14, 2018. -- Created 2017 Ky. Acts ch. 159, sec. 1, effective June 29, 2017.

KRS 620.150 Visitation

620.150. Visitation Following an order that a child shall be removed from his home, the cabinet shall establish such terms and conditions of visitation with the child after consultation with the parent or other person exercising custodial control or supervision of the child. If the parent or other person is dissatisfied with the visitation schedule, they may petition the court for review of the visitation schedule. The court, after reviewing all of the circumstances surrounding the case, may alter the visitation schedule if it finds the schedule set up by the cabinet has been arbitrary or unreasonable. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 76, effective July 1, 1987.

KRS 620.155 Appeals

620.155. Appeals Any interested party aggrieved by a proceeding under KRS 610.010(2)(d) including the parent, child, guardian ad litem, the cabinet, and the county attorney may appeal from the juvenile court to the Circuit Court as a matter of right in the manner provided in the Kentucky Rules of Civil Procedure. The Circuit Court may order that the child may be removed to a suitable place, pending the appeal, if it appears by affidavit or sworn testimony that the child would be in imminent danger if left with or returned to his or her parents, guardian, or other person party to the appeal. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 87, sec. 21, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 57, sec. 6, effective March 17, 1998. -- Created 1988 Ky. Acts ch. 350, sec. 52, effective April 10, 1988.

KRS 620.157 Repealed, 2020

620.157. Repealed, 2020 Catchline at repeal: Appeal of cabinet's determination that child should not be returned home. History: Repealed 2020 Ky. Acts ch. 36, sec. 44, effective July 15, 2020. -- Created 2018 Ky. Acts ch. 159, sec. 43, effective July 14, 2018.

KRS 620.160 Motion to seal child's record

620.160. Motion to seal child's record Upon attaining majority, a person who was the subject of an action under this chapter may make a motion for the sealing of records relating to a petition filed under this chapter. In its discretion, the court may order the record unsealed for good cause shown. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 53, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 77, effective July 1, 1987.

KRS 620.170 Voluntary commitments

620.170. Voluntary commitments (1) The cabinet may accept custody of a child who is voluntarily committed to the cabinet by the child's parent, guardian, or other person having legal custody. However, the cabinet shall refuse to accept any child on a voluntary commitment unless adequate facilities, funds, and resources are available to care for the child, and the secretary finds that commitment would be in the best interest of the child. (2) As a condition of any voluntary commitment, the cabinet may enter into an agreement with the parent, guardian, or other person having legal custody of the child consenting to the commitment to pay an agreed sum for the care and treatment of the child. The sum shall be determined by the needs of the child and by the ability of the parent, guardian, or other person having legal custody or other person exercising custodial control or to pay. (3) In the case of voluntary commitment, the cabinet may expend funds necessary to give the child all services available to any committed child including, but not limited to, diagnosis, treatment, foster care, day care, care and treatment in a facility, and necessary medical, psychological, and psychiatric care. (4) Any person who has consented to a child's voluntary commitment may request the release of the child in writing addressed to the cabinet. The cabinet shall within ten (10) days release the child, or, if in the opinion of the cabinet it would be in the best interest of the child to remain in the custody of the cabinet, a petition shall be filed in the court of the county of residence of the child as provided in KRS 620.030 to 620.050. (5) If, following a hearing on the matter, the court determines that the child can no longer benefit from those services offered by the cabinet or that the parent, guardian, or other person having legal custody of the child is capable of providing proper care, the child may be returned at once to the care of his parent, guardian, or other person having legal custody of the child or to another person mutually agreed upon. (6) Any parent, guardian, or other person having legal custody of a child who has consented to the child's voluntary commitment to the cabinet shall be entitled to participate in treatment planning for the child for the pendency of the commitment. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 22, sec. 1, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 350, sec. 54, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 78, effective July 1, 1987.

KRS 620.180 Administrative regulations

620.180. Administrative regulations (1) The cabinet may promulgate administrative regulations to implement the provisions of this chapter. The cabinet may also promulgate administrative regulations pursuant to the requirements of Public Law 96-272 as to the maximum number of children who at any time during a fiscal year, will remain in foster care after having been in such care for a period in excess of twenty-four (24) months, together with the steps to be taken to achieve such goal. (2) The cabinet shall promulgate administrative regulations to provide the following: (a) The method used to periodically review the status of children placed in foster family homes which shall include, but not be limited to, the following: 1. Within ten (10) calendar days of the temporary removal hearing provided for in this chapter, a case conference shall be held on all children placed with the cabinet for the purpose of establishing a specific treatment plan which may include preventive and reunification services for the child and his parent or other person exercising custodial control or supervision. Additional case conferences and reviews shall be held as appropriate, but shall be held at least every six (6) months. The parent or other person exercising custodial control or supervision and his counsel, if any, shall have the right to be present at and participate in such conferences. The child; the child's attorney, if any; the parent or other person exercising custodial control or supervision and his attorney of record, if any; and the county attorney shall be notified of, and may be present at and participate in such conferences; 2. On-going case work and supportive services shall be provided as indicated to best meet the needs of the child as established by the review and planning process; and 3. There may be procedures for providing for appropriate visitation between the parents and the child based on the needs of the child; (b) The procedures for reporting to a committing court the status and plans for children committed to the cabinet as dependent, neglected or abused and placed in foster family homes; (c) By January 1, 2019, the establishment and implementation of the processes, procedures, and requirements to ensure that children committed to the cabinet as dependent, neglected, or abused and placed in foster family homes are timely reunified with their biological family or identified for and placed in a new permanent home. These processes, procedures, and requirements shall include but not be limited to the following: 1. A case review and recommendation submitted to the committing court related to whether the best interest of the child is reunification or termination of parental rights after the child has been committed to the cabinet a total of six (6) cumulative months; 2. An additional case review and recommendation submitted to the committing court every three (3) cumulative months after the initial six (6) months if a child is still in the custody of the cabinet; 3. A petition to the court of appropriate jurisdiction seeking the termination of parental rights and authority to place the child for adoption in accordance with this chapter and KRS Chapter 625 no later than after a child has been committed to the cabinet for a total of fifteen (15) cumulative months out of forty-eight (48) months; and 4. A plan to ensure, no longer than thirty (30) working days after a court enters a judgment of termination of parental rights to a child that is committed to the cabinet, that the cabinet shall complete and submit to the court all necessary paperwork to facilitate the child's permanency plan, including but not limited to the presentation summary and identification of an adoptive home if determined; and (d) By October 1, 2019, the establishment and implementation of the processes, procedures, and requirements to ensure that children committed to the cabinet as dependent, neglected, or abused and placed in qualified residential treatment facilities are subject to case reviews within sixty (60) days of the start of each placement in accordance with 42 U.S.C. sec. 675a(c)(2). Effective:June 27, 2019 History: Amended 2019 Ky. Acts ch. 33, sec. 11, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 159, sec. 22, effective July 14, 2018. -- Amended 1988 Ky. Acts ch. 350, sec. 55, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 79, effective July 1, 1987.

KRS 620.190 Citizen foster care review boards -- Local citizen foster care review boards

620.190. Citizen foster care review boards -- Local citizen foster care review boards (1) There shall be established within each judicial district a citizen foster care review board to be appointed by the Chief District Judge or family court judge. The Chief District Judge or family court judge may authorize the creation of additional local citizen foster care review boards as needed. (2) Each local citizen foster care review board shall consist of not less than three (3) members and shall be appointed according to the following guidelines: (a) All members shall have an interest in foster care or child welfare; (b) At least two (2) members of each local citizen foster care review board shall, as far as practicable, be chosen from among the following professions: 1. Law; 2. Medicine; 3. Psychology; 4. Social work; and 5. Education; (c) Each local citizen foster care review board shall, as far as practicable, include a foster parent; (d) All members of each local citizen foster care review board shall, as far as practicable, be representative of the socioeconomic, racial, and ethnic composition of the area served; (e) Employees of the Department for Community Based Services shall be prohibited from serving on the local citizen foster care review board; (f) All appointed board members shall serve a term of three (3) years, except that if a vacancy occurs, a successor shall be appointed to serve the unexpired term. The term of each member shall expire on August 1 of the appropriate year. Members may be reappointed and shall continue to serve until a successor is appointed; and (g) All members shall be certified prior to appointment by the state citizen foster care review board or its designee. For the purposes of this section, "certified" means acknowledgment of completion of initial training approved by the state citizen foster care review board. (3) Local citizen foster care review board members may be removed for nonparticipation, failure to meet training requirements, or other cause as determined by the state citizen foster care review board in compliance with its constitution and bylaws. (4) Each local citizen foster care review board shall annually elect a chairman and vice chairman to serve in the absence of the chairman. (5) Each local citizen foster care review board shall meet, at a place designated by the Chief District Judge or famil y court judge, as often as is deemed necessary to carry out the duties of the board. The local citizen foster care review board shall meet no less than four (4) times annually. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 53, sec. 1, effective July 15, 2026. -- Amended 1998 Ky. Acts ch. 278, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 3, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 412, sec. 6, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 350, sec. 56, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 80, effective July 1, 1987.

KRS 620.200 Support services for local citizen foster care review boards

620.200. Support services for local citizen foster care review boards (1) Secretarial and support services for each local citizen foster care review board may be provided by the District Court, or circuit clerk, or both, as ordered by the Chief District Judges or family court judges. (2) Local citizen foster care review boards may receive state and federal funding to insure total or partial funding of the board's activities. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 278, sec. 4, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 4, effective July 15, 1996. -- Created 1986 Ky. Acts ch. 423, sec. 81, effective July 1, 1987.

KRS 620.210 Training of board members

620.210. Training of board members (1) Training shall be established, approved, and provided by the state citizen foster care review board and its staff as provided by KRS 620.320. (2) During the training session, each local citizen foster care review board member shall promise by oath given by the Chief District Judge or family court judge or a member of the court of justice to keep confidential the information reviewed by the board and its actions and recommendations in individual cases pursuant to the authority mandated to other officers of the court in KRS Chapter 522. Members of the local citizen foster care review boards shall be subject to the same penalties as officers of the court pursuant to KRS Chapter 522. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 278, sec. 5, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 5, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 350, sec. 57, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 82, effective July 1, 1987.

KRS 620.220 Information to Administrative Office of the Courts Citizen Foster Care Review Board Program

620.220. Information to Administrative Office of the Courts Citizen Foster Care Review Board Program (1) The clerk of the court shall forward to the Administrative Office of the Courts Citizen Foster Care Review Board Program a copy of each temporary custody order and commitment order or provide electronic notification in the manner prescribed by the Administrative Office of the Courts within fourteen (14) days of the date the order is issued. (2) When a child is voluntarily committed to the cabinet, the cabinet shall forward a copy of the placement agreement to the Administrative Office of the Courts Citizen Foster Care Review Board Program within fourteen (14) days of the time the child is placed. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 187, sec. 1, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 278, sec. 6, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 6, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 350, sec. 58, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 83, effective July 1, 1987.

KRS 620.230 Case permanency plans

620.230. Case permanency plans (1) For each child placed in the custody of the cabinet by an order of commitment, the cabinet shall file a case permanency plan for the child with the court and send a copy to the Administrative Office of the Courts Citizen Foster Care Review Board Program as soon as the plan is prepared but no later than thirty (30) days after the effective date of the order. Notwithstanding the provisions of KRS 620.090(5), if a child remains in the temporary custody of the cabinet for longer than forty-five (45) days and if a request is submitted by the Administrative Office of the Courts Citizen Foster Care Review Board Program, the cabinet shall provide a copy of the case permanency plan for the child. (2) The case permanency plan shall include, but need not be limited to: (a) A concise statement of the reasons why the child is in the custody of the cabinet; (b) A statement of the actions which have been taken with regard to the child to the date of the plan; (c) A statement of the proposed actions which may be taken or are contemplated with regard to the child during the next six (6) months and during the entire duration of the time the child is in the custody of the cabinet; (d) Contemplated placements for the child; (e) If the child is placed outside the home, reasons why the child cannot be protected adequately in the home, the harms the child may suffer if left in the home, factors which may indicate when the child can be returned to the home, and efforts the cabinet or others are making to return the child to the home; (f) If the child is placed outside the home, the steps that the cabinet will take to minimize the harm to the child as a result of the action, both at the time of removal and on a long-term basis; (g) A description of the type of home, child-caring facility, child-placing agency or facility in which the child is to be placed or has been placed, and a statement why the placement is appropriate for the child, including but not limited to: 1. Age; 2. Educational needs; 3. Medical needs; 4. Emotional needs; 5. Relationship with parents; and 6. Number of children the home is authorized to care for and the number of children currently residing in the home; (h) If the placement is outside the child's original county of residence, documentation that no closer placement is appropriate or available, and the reasons why the placement made was chosen; (i) A description of the services for the child and his family to be provided or arranged by the cabinet to facilitate the return of the child to his own home or to another permanent placement; (j) A list of objectives and specific tasks, together with specific time frames for each task, for which the parents have agreed to assume responsibility, including a schedule of regular visits with the child; (k) A projected schedule of time intervals by which each of the services, objectives, and tasks outlined in the case permanency plan should be accomplished and a schedule of time intervals which have already been accomplished or are in the process of accomplishment; (l) If the child is to remain at home, a description of the potential harm which could befall the child and measures that are being taken to prevent or minimize such harm; and (m) If the child is to remain at home, reasons why he cannot be placed in foster care or why such care is not needed. (3) Under no circumstance shall a child be placed in a home, facility, or other shelter with a child who has been committed to the Department of Juvenile Justice for commission of a sex crime as defined in KRS 17.500, unless the child committed for the commission of a sex crime is kept segregated from other children in the home, facility, or other shelter that have not been committed for the commission of a sex crime. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 122, sec. 10, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 47, sec. 7, effective June 29, 2021. -- Amended 2006 Ky. Acts ch. 182, sec. 52, effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 278, sec. 7, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 7, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 350, sec. 59, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 84, effective July 1, 1987.

KRS 620.240 Case progress reports

620.240. Case progress reports The cabinet shall file for each child a case progress report at least once every six (6) months with the court and the Administrative Office of the Courts Citizen Foster Care Review Board Program. The first case progress report after the child is placed in the custody of the cabinet by an order of temporary custody or commitment shall be mailed to the Administrative Office of the Courts Citizen Foster Care Review Board Program and subsequent case progress reports shall be provided to the local citizen foster care review board within the case file. The case progress report shall include but is not limited to: (1) The length of time the child has been in the custody of the cabinet; (2) The number, location, and date for each placement during the time the child has been in the custody of the cabinet; (3) A description of the services and assistance provided or arranged by the cabinet to the parents since the last case permanency plan or case progress report, and results achieved; (4) A description of the efforts and progress of the parents since the last case permanency plan and case progress report, including the number and dates of parental visits and the extent, quality, and frequency of the parents' communication with the child; (5) The barriers, familial and institutional, to returning the child home or releasing the child from the custody of the cabinet and services that are not currently available in the community; (6) An evaluation of the child's current placement and services provided to the child; (7) Recommendations for necessary services required to release the child from the custody of the cabinet, to return the child home, or to facilitate another permanent placement; (8) A timetable for the child's return home or other permanent placement; and (9) If return home is not recommended, a specific recommendation for a permanent placement, including termination of parental rights if appropriate. If continued foster care is recommended, an explanation as to why another permanent placement is not appropriate. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 278, sec. 8, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 8, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 350, sec. 60, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 85, effective July 1, 1987.

KRS 620.250 Local citizen foster care review board's access to records

620.250. Local citizen foster care review board's access to records (1) Each local citizen foster care review board shall have access to all information and records of the cabinet pertinent to the parents or person exercising custodial control or supervision of the child assigned to the local board for review. Information and records shall include, but not be limited to, case permanency plans, case progress reports, and case records. (2) Each local citizen foster care review board shall have access to all information and records of the court, the cabinet, and public and private child-caring facilities when pertinent to the child assigned to the local board for review. Information and records shall include, but not be limited to, case permanency plans, case progress reports, and case records. (3) All requested information or records, or both, not already before the local citizen foster care review board at the time of the six (6) months review shall be submitted by the agency or organization in possession of the information or records, or both, no later than five (5) working days after the receipt of the request. (4) If the local citizen foster care review board is denied access to any public or private information or records, or both, it may request the court to hold a hearing, at which time the court may require the agency or organization in whose possession the information or records, or both, are held to show cause as to the reasons why the information or records, or both, shall not be ordered surrendered pursuant to its authority. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 278, sec. 9, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 9, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 412, sec. 2, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 423, sec. 86, effective July 1, 1987.

KRS 620.260 Conflict of interest

620.260. Conflict of interest Local citizen foster care review board members who have a conflict of interest shall not participate in such review. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 278, sec. 10, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 10, effective July 15, 1996. -- Created 1986 Ky. Acts ch. 423, sec. 87, effective July 1, 1987.

KRS 620.270 Scope of review of local citizen foster care review board -- Regional forums

620.270. Scope of review of local citizen foster care review board -- Regional forums (1) Subject to the provisions of KRS 620.230, the local citizen foster care review board shall review the case of each child placed in the custody of the cabinet by an order of temporary custody or commitment by the court in the county or counties which the local board serves. The review shall occur at least once every six (6) months until the child is no longer in the custody of the cabinet or until an adoption proceeding becomes final. (2) During each six (6) month review, the local citizen foster care review board shall review: (a) The past, current, and future status of the child and his placement as shown through the case permanency plan, case record, case progress reports submitted by the cabinet, and other information as the board may require; (b) The efforts or adjustment the parent has made in his circumstances, conduct, or conditions to make it in the child's best interest to return him to his home within a reasonable period of time considering the age of the child; (c) The efforts of the cabinet to locate and provide services to the biological parents of the child; (d) The efforts of the cabinet and other agencies to facilitate the return of the child to the home or to find an alternative permanent placement if reunion with the parent or previous custodian is not feasible. The cabinet shall report to the board all factors which either favor or mitigate against any decision or alternative with regard to these matters; and (e) Any problems, solutions, or alternatives which may be capable of exploration, or other matters with regard to the child as the cabinet or the board determine to be explored with regard to the best interests of the state or of the child. (3) Upon completion of a training curriculum developed and provided jointly by the Administrative Office of the Courts and by the Department for Community Based Services and approved by the state review board in regard to child sexual abuse, the local citizen foster care review board may review, at the discretion of the board, a sample of all petitions filed in the District Court of the county served by the board alleging sexual abuse of any child, not to exceed two hundred (200) petitions per year statewide, in order to determine the adequacy of the investigation, and the appropriateness of findings, adjudication, and disposition of the court. The board shall have access to all records of the cabinet, medical professionals, and law enforcement agencies pertaining to these cases. The board shall provide the cabinet and the court a full report of the findings and recommendations concerning the review. (4) Notice of the six (6) month interested party review and the right to attend and participate in the six (6) month interested party review shall be provided to the child's parents, if parental rights have not been terminated or surrendered; the parent's attorney; the guardian ad litem, the attorney for the child, or both; the foster parents; the prospective adoptive parent; the relative providing care for the child; and the child who is a party to the proceeding. The cabinet shall provide the Administrative Office of the Courts Citizen Foster Care Review Board with the names, addresses, and any other needed contact information in order to provide adequate, timely notice of the review to these persons. (5) At least twice annually, the local citizen foster care review boards shall participate in regional community forums for members of the public to discuss areas of concern regarding the foster care system and to identify barriers to timely permanency, well- being and safety for children in out-of-home care. The boards shall report their findings to the State Citizen Foster Care Review Board in accordance with KRS 620.340. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 23, effective July 14, 2018. -- Amended 2015 Ky. Acts ch. 63, sec. 1, effective June 24, 2015. -- Amended 2000 Ky. Acts ch. 14, sec. 59, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 278, sec. 11, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 11, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 412, sec. 3, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 350, sec. 61, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 88, effective July 1, 1987.

KRS 620.280 Employees of cabinet and other agencies to appear at local board meetings

620.280. Employees of cabinet and other agencies to appear at local board meetings Each local citizen foster care review board may request in writing employees of the cabinet or other agencies or organizations, on five (5) working days' notice, to appear at local board meetings when necessary to determine the progress made in placing the child in a permanent home. Should an employee fail to appear at such a meeting, the local citizen foster care review board may request that the court hold a hearing at which time the court, if the request for the hearing is granted, shall require the employee to show cause as to why he should not be compelled to appear. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 278, sec. 12, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 12, effective July 15, 1996. -- Created 1986 Ky. Acts ch. 423, sec. 89, effective July 1, 1987.

KRS 620.290 Board's findings and recommendations -- Report on children frequently moved

620.290. Board's findings and recommendations -- Report on children frequently moved The local citizen foster care review board shall submit to the court within fourteen (14) days of the six (6) month review its findings and recommendations. The findings and recommendations for each child under review shall include but need not be limited to: (1) Whether there is a plan for permanence; (2) Whether the plan is progressing; (3) The appropriateness of the current placement or plan for permanence. If the local foster care review board determines that a current placement or plan for permanence is inappropriate, a notification shall be provided to the court, and the cabinet which shall summarize the position of the local foster care review board, the response of the cabinet, if any, to the concerns expressed by the local foster care review board, and any action proposed by the local foster care review board; and (4) The number of moves that have occurred during the child's placement into out-of- home care, including whether the child has moved three (3) or more times within a six (6) month period. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 132, sec. 2, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 159, sec. 24, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 278, sec. 13, effective July 15, 1998; and ch. 398, sec. 10, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 13, effective July 15, 1996. -- Created 1986 Ky. Acts ch. 423, sec. 90, effective July 1, 1987.

KRS 620.300 Repealed, 1992

620.300. Repealed, 1992 Catchline at repeal: Notice of completed reviews. History: Repealed 1992 Ky. Acts ch. 412, sec. 7, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 423, sec. 91, effective July 15, 1986.

KRS 620.310 State Citizen Foster Care Review Board established

620.310. State Citizen Foster Care Review Board established (1) There is hereby established a State Citizen Foster Care Review Board. The State Citizen Foster Care Review Board shall consist of all chairmen of the local foster care review boards. (2) The State Citizen Foster Care Review Board shall biennially elect a chairman and vice chairman to serve in the absence of the chairman. (3) The State Citizen Foster Care Review Board shall meet at least annually, and more frequently upon the call of the chairman, or as the board shall determine. (4) Members of the State Citizen Foster Care Review Board may only receive compensation for travel mileage cost and overnight lodging at a rate consistent with that provided to state employees as provided under the law of the Commonwealth. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 25, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 278, sec. 14, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 14, effective July 15, 1996. -- Created 1986 Ky. Acts ch. 423, sec. 92, effective July 1, 1987.

KRS 620.320 Duties of State Citizen Foster Care Review Board

620.320. Duties of State Citizen Foster Care Review Board The duties of the State Citizen Foster Care Review Board shall be to: (1) Establish, approve, and provide training programs for local citizen foster care review board members; (2) Review and coordinate the activities of local citizen foster care review boards; (3) Establish reporting procedures to be followed by the local citizen foster care review boards and publish an annual written report compiling data reported by local foster care review boards which shall include statistics relating, at a minimum, to the following: (a) Barriers to permanency identified in reviews; (b) The number of children moved more than three (3) times within a six (6) month period; (c) The average length of time in care; (d) Local solutions reported to meet identified barriers; and (e) The total number and frequency of reviews; (4) Publish an annual written report on the effectiveness of such local citizen foster care review boards; and (5) Evaluate and make annual recommendations to the Supreme Court, the Legislative Research Commission, and the Governor regarding: (a) Laws of the Commonwealth; (b) Practices, policies, and procedures within the Commonwealth affecting permanence for children in out-of-home placement and the investigation of allegations of abuse and neglect; (c) The findings of the local citizen foster care review board community forums conducted pursuant to KRS 620.270; and (d) The effectiveness or lack thereof and reasons therefor of local citizen foster care review of children in the custody of the cabinet in bringing about permanence for the Commonwealth's children. Effective: January 1, 2023 History: Amended 2022 Ky. Acts ch. 211, sec. 31, effective January 1, 2023; and ch. 223, sec. 15, effective January 1, 2023. -- Amended 2019 Ky. Acts ch. 132, sec. 3, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 159, sec. 56, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 278, sec. 15, effective July 15, 1998; and ch. 398, sec. 11, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 15, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 412, sec. 4, effective July 14, 1992. -- Created 1986 Ky. Acts ch. 423, sec. 93, effective July 1, 1987. Legislative Research Commission Note (1/1/2023). This statute was amended by 2022 Ky. Acts chs. 211 and 223, which are identical and have been codified together.

KRS 620.330 Support services for State Citizen Foster Care Review Board

620.330. Support services for State Citizen Foster Care Review Board (1) Secretarial and support services for the State Citizen Foster Care Review Board may be provided by the Administrative Office of the Courts. (2) The State Citizen Foster Care Review Board may receive state and federal funds to insure total or partial funding of the board's activities. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 278, sec. 16, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 16, effective July 15, 1996. -- Created 1986 Ky. Acts ch. 423, sec. 94, effective July 1, 1987.

KRS 620.340 Reports from local boards to state board

620.340. Reports from local boards to state board Each local citizen foster care review board shall forward annually to the State Citizen Foster Care Review Board a report and any recommendations regarding: (1) The policies and practices of the cabinet, the court, and other child-caring facilities and child-placing agencies which affect permanence for children in out-of-home placement; and (2) The process of local citizen foster care review. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 278, sec. 17, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 301, sec. 17, effective July 15, 1996. -- Created 1986 Ky. Acts ch. 423, sec. 95, effective July 1, 1987.

KRS 620.345 Repealed, 2023. (Effective January 1, 2023) Catchline at repeal: Study group on privatizing foster care services -- Membership -- Recommendations

KRS 620.350 Abandoned newborn infant -- Emergency custody order -- No investigation of abandonment -- Placement in foster home -- Inquiry to ensure that infant is not missing child -- Involuntary termination of parental rights

620.350. Abandoned newborn infant -- Emergency custody order -- No investigation of abandonment -- Placement in foster home -- Inquiry to ensure that infant is not missing child -- Involuntary termination of parental rights (1) As used in this section, "newborn infant" means an infant who is medically determined to be less than thirty (30) days old. (2) Upon notice from any emergency medical services provider or hospital staff that a newborn infant has been abandoned at a hospital, the cabinet shall immediately seek an order for emergency custody of the infant. (a) No child protective services investigation or assessment shall be initiated regarding the abandonment of an infant in accordance with KRS 405.075. The provisions of this subsection shall not apply when indicators of child physical abuse or child neglect are present. (b) Upon the infant's release from the hospital, the cabinet shall place the child in a foster home approved by the cabinet to provide concurrent planning placement services. As used in this paragraph, "concurrent planning placement services" means the foster family shall work with the cabinet on reunification with the birth family, if known, and shall seek to adopt the infant if reunification cannot be accomplished. (3) At the temporary removal hearing required by KRS 620.080, if the court places temporary custody with the cabinet, the custody order shall remain in effect for a minimum of thirty (30) days. (4) During the initial thirty (30) days of placement, the cabinet shall request assistance from law enforcement officials to investigate through the Missing Child Information Center established by KRS 17.450 and other national resources to ensure that the infant is not a missing child. (5) As soon as practicable following the thirty (30) day placement period, the cabinet shall file a petition in Circuit Court seeking the involuntary termination of parental rights of the unknown parents and authority to place the child for adoption in accordance with KRS Chapter 625. (6) If a claim of parental rights is made at any time prior to the court order issued under KRS 625.100, the Circuit Court may hold the action for involuntary termination of parental rights in abeyance for a period of time not to exceed ninety (90) days and immediately remand the case to the District Court. (a) If a case is remanded to District Court under this subsection, an adjudicatory hearing shall be conducted as required by KRS 620.100 within ten (10) days of the assertion of parental rights; (b) The District Court may order genetic testing to establish maternity or paternity at the expense of the claimant; (c) The cabinet shall conduct a child protective services investigation or assessment and home evaluation to develop recommendations for the District Court; and (d) Further proceedings shall be conducted in accordance with KRS Chapter 620; however, a newborn infant who has been placed in accordance with KRS 405.075 shall not be found to be a neglected child based on that act alone. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 122, sec. 6, effective July 15, 2016. -- Created 2002 Ky. Acts ch. 303, sec. 5, effective April 9, 2002. Legislative Research Commission Note (7/15/2002). In subsection (1) of this section, the words "means an infant" have been inserted by the Reviser of Statutes to correct a manifest clerical or typographical error in accordance with KRS 7.136.

KRS 620.355 Information form for person who leaves infant -- Media campaign

620.355. Information form for person who leaves infant -- Media campaign (1) The cabinet shall make available standardized health, medical, and background information forms for use in gathering voluntary, nonidentifying information from a person who leaves an infant in accordance with KRS 405.075 and as required by KRS 216B.190. The materials shall clearly state on each page that the information requested is designed to facilitate medical care for the infant. The material shall include information on family services, termination of parental rights, and adoption. The material shall also include: (a) Information on the importance of medical and health information regarding the infant; and (b) Written notification that failure to contact the Department for Community Based Services and assert a claim of parental rights within thirty (30) days of the receipt of the material shall result in the commencement of proceedings for involuntary termination of parental rights and placement of the child for adoption. (2) Subject to available funding, the cabinet shall produce and distribute a media campaign to promote safe placement alternatives for newborn infants, the confidentiality offered to birth parents, and information regarding adoption procedures. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 122, sec. 7, effective July 15, 2016. -- Created 2002 Ky. Acts ch. 303, sec. 6, effective April 9, 2002.

KRS 620.360 Rights and responsibilities of foster parents -- Training of person investigating abuse or neglect in foster homes -- Foster parent approval -- Nonliability of cabinet

620.360. Rights and responsibilities of foster parents -- Training of person investigating abuse or neglect in foster homes -- Foster parent approval -- Nonliability of cabinet (1) Persons who provide foster care services to children who have been committed to the custody of the state shall be considered a primary partner and member of a professional team caring for foster children. Foster parents shall have the following rights: (a) To be treated with respect, consideration, and dignity; (b) To fully understand the role of the cabinet and the role of other members of the child's professional team; (c) To receive information and training about foster parents' rights, responsibilities, and access to local and statewide support groups, including but not limited to the Kentucky Foster/Adoptive Care Association, the Kentucky Foster and Adoptive Parent Network, and Adoption Support of Kentucky; (d) To receive information and training to improve skills in the daily care and in meeting the special needs of foster children; (e) To receive timely and adequate financial reimbursement for knowledgeable and quality care of a child in foster care within budgetary limitations; (f) To maintain the foster family's own routines and values while respecting the rights and confidentiality of each foster child placed in their home; (g) To receive a period of respite from providing foster care, pursuant to cabinet policies; (h) To receive, upon an open records request, a copy of all information contained in the cabinet's records about the family's foster home and the foster care services provided by the family consistent with KRS 605.160; (i) To access cabinet support and assistance as necessary twenty-four (24) hours per day, seven (7) days per week; (j) To receive, prior to a child being placed in the foster home pursuant to KRS 605.090, information relating to the child's behavior, family background, or health history that may jeopardize the health or safety of any member of the foster family's household, including other foster children, and similar information that may affect the manner in which foster care services are provided, consistent with KRS 605.160. In an emergency situation, the cabinet shall provide information as soon as it is available; (k) To refuse placement of a child within the foster home and to request, with reasonable notice to the cabinet, the removal of a child from the foster home without fear of reprisal; (l) To communicate, with an appropriate release of information consistent with KRS 605.160, with other professionals who work directly with the foster child, including but not limited to teachers, therapists, and health care practitioners and to notify the cabinet within twenty-four (24) hours of the communication; (m) To assist the cabinet in the development of the child's plan of care; (n) To receive an explanatory notice from the cabinet, consistent with KRS 620.130 and when it is in the best interest of the child, when a foster child's case plan has changed and, except in an immediate response to a child protective services investigation involving the foster home, an explanatory notice of termination or change in placement affecting the foster home within fourteen (14) days of the change or termination in placement; (o) To have priority consideration for placement if a child who has previously been placed in the foster home reenters foster care, consistent with KRS 605.130 and 620.130 and to the extent it is in the best interest of the child; (p) To have priority consideration for adoption if a foster child who has been placed in the foster home for a period of at least twelve (12) consecutive months becomes eligible for adoption consistent with KRS 605.130 and 620.130 and to the extent it is in the best interest of the child; (q) To maintain contact with the foster child after the child leaves the foster home, unless the child, a biological parent, the cabinet when the cabinet retains custody of the child, or other foster or adoptive parent refuses such contact; and (r) To receive notice of, have a right to attend, and have a right to be heard in, either verbally or in writing, any cabinet or court proceeding held with respect to the child currently placed in their care, provided the cabinet has no concerns related to maltreatment of the child while in the foster parent's care. The notice required by this paragraph shall be provided to the foster parent by an attorney for the Cabinet for Health and Family Services. This paragraph shall not be construed to require that a foster parent caring for the child be made a party to a proceeding solely on the basis of the notice and rights to attend and be heard. (2) The responsibilities of foster parents shall include but not be limited to the following: (a) To maintain an orderly and clean home; (b) To ensure that the child has adequate resources for personal hygiene and clothing; (c) To provide recreational and spiritual opportunities for the child, in accordance with cabinet policies; (d) To attend all school and case planning meetings involving a foster child placed in their home whenever possible, subject to KRS 620.130 and the confidentiality requirements of 42 U.S.C. sec. 671; (e) To abide by cabinet policies relating to discipline of a foster child; and (f) To support the involvement of a foster child's biological family whenever possible and in accordance with cabinet policies. (3) The cabinet shall provide specific training on investigations of alleged child abuse or neglect in a foster home to a person appointed by the Kentucky Foster/Adoptive Care Association. The training shall include the rights of a foster parent during an investigation. Training shall be consistent with 42 U.S.C. sec. 5106(a). (4) The cabinet shall promulgate administrative regulations to establish that foster parent approval shall be effective for a minimum of three (3) years before reevaluation is required. (5) Nothing in this section shall be construed to establish monetary liability of or cause of action against the cabinet. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 182, sec. 4, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 180, sec. 3, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 132, sec. 4, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 159, sec. 45, effective July 14, 2018. -- Created 2006 Ky. Acts ch. 45, sec. 1, effective July 12, 2006.

KRS 620.363 Rights of foster child

620.363. Rights of foster child A child who is placed in foster care shall be considered a primary partner and member of a professional team. A foster child, as the most integral part of the professional team, shall have the following rights to: (1) Adequate food, clothing, and shelter; (2) Freedom from physical, sexual, or emotional injury or exploitation; (3) Develop physically, mentally, and emotionally to his or her potential; (4) A safe, secure, and stable family; (5) Individual educational needs being met; (6) Remain in the same educational setting prior to removal, whenever possible; (7) Placement in the least restrictive setting in close proximity to his or her home that meets his or her needs and serves his or her best interests to the extent that such placement is available; (8) Information about the circumstances requiring his or her initial and continued placement; (9) Receive notice of, attend, and be consulted in the development of case plans during periodic reviews; (10) Receive notice of and participate in court hearings; (11) Receive notice of and explanation for changes in placement or visitation agreements; (12) Visit the family in the family home, receive visits from family and friends, and have telephone conversations with family members, when not contraindicated by the case plan or court order; (13) Participate in extracurricular, social, cultural, and enrichment activities, including but not limited to sports, field trips, and overnights; (14) Express opinions on issues concerning his or her placement, care, or treatment; (15) Three (3) additional rights if he or she is age fourteen (14) years or older. These additional three (3) rights are the right to: (a) Designate two (2) additional individuals to participate in case planning conferences or periodic reviews, who are not the foster parent or his or her worker, and who may advocate on his or her behalf. The cabinet, child-caring facility, or child-placing agency may reject an individual with reasonable belief that the individual will not act appropriately on the child's behalf; (b) Receive a written description of the programs and services that will help prepare him or her for the transition from foster care to successful adulthood; and (c) Receive a consumer report yearly until discharged from care and to receive assistance in interpreting and resolving any inaccuracies in the report, pursuant to 42 U.S.C. sec. 675(5)(I); (16) Receive, free of charge when he or she is eighteen (18) years or older and preparing to exit foster care by reason of attaining the age of eighteen (18) years old, the following: (a) An official birth certificate; (b) A Social Security card; (c) Health insurance information; (d) A state-issued identification; and (e) A copy of the child's cabinet case history, including: 1. Family medical history; 2. Placement history records; and 3. The child's medical records, including physical, dental, vision, and mental health records; (17) Request placement be made where he or she feels the most safe and accepted; (18) Participate in a sibling or half-sibling's court hearing if deemed appropriate by the cabinet, court of jurisdiction, and guardian ad litem, if applicable; and (19) Raise his or her child and make decisions on behalf of his or her child unless a health or safety risk is determined by the cabinet or due to the treatment needs of the youth. Effective:April 1, 2022 History: Amended 2022 Ky. Acts ch. 75, sec. 20, effective April 1, 2022. -- Created 2019 Ky. Acts ch. 33, sec. 7, effective June 27, 2019.

KRS 620.365 Notification when child in foster care is to be moved or reunified with family

620.365. Notification when child in foster care is to be moved or reunified with family (1) If the cabinet determines that a child, who is in the custody of the cabinet through an emergency, temporary, or permanent court order as a result of dependency, neglect, or abuse and is in foster care, should be moved from a current placement to a new placement or reunified with their family, the cabinet shall provide verbal and written notification to the foster parents and the child-caring facility or child-placing agency where the child is residing at least ten (10) calendar days prior to the new placement or reunification occurring. (2) The cabinet's mandate to provide the notification required by this section shall not be required if the cabinet determines the child is in imminent danger. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 159, sec. 16, effective July 14, 2018.

KRS 620.500 Definitions for KRS 620.500 to 620.550

620.500. Definitions for KRS 620.500 to 620.550 As used in KRS 620.500 to 620.550, unless the context otherwise requires: (1) "Association" means the state Court-Appointed Special Advocate Association established in KRS 620.530, also known as the Kentucky CASA Network; (2) "Court" means family court or, if there is no family court in the county where the CASA program is located, then District Court; (3) "Court-appointed special advocate case" and "CASA case" mean a child or group of siblings who are within the jurisdiction of the court as a result of abuse, neglect, or dependency proceedings and for whom the court has appointed and the program director has assigned a CASA volunteer; (4) "Court-appointed special advocate program" and "CASA program" mean a program by which trained community volunteers are provided to the court for appointment to represent the best interests of children who have come into the court system as a result of dependency, abuse, or neglect; (5) "Court-appointed special advocate volunteer" and "CASA volunteer" mean a person who completes training through and is supervised by a CASA program and appointed by a judge to represent the best interests of dependent, abused, and neglected children in court; (6) "Local board" means the local board of directors appointed or selected in accordance with KRS 620.505 to govern local CASA programs; (7) "Program director" means the director of each local CASA program selected in accordance with KRS 620.505; (8) "State board" means the state board of directors elected in accordance with KRS 620.530; and (9) "State director" means the director of the state association provided for in KRS 620.537. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 53, sec. 2, effective July 15, 2026. -- Amended 2004 Ky. Acts ch. 138, sec. 1, effective July 13, 2004. -- Amended 1996 Ky. Acts ch. 245, sec. 2, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 264, sec. 1, effective July 13, 1990.

KRS 620.505 Court-appointed special advocate program -- Local board of directors -- Program director -- CASA volunteers

620.505. Court-appointed special advocate program -- Local board of directors -- Program director -- CASA volunteers (1) For the purpose of providing an independent, efficient, and thorough representation for children who enter the court system as a result of dependency, abuse, or neglect, there may be established a court-appointed special advocate program by the chief judge of family court or, if none, then by the Chief District Judge. (2) Local CASA programs shall be governed by a local board of dir ectors. For new CASA programs, the board shall initially be appointed by the chief judge of family court or, if none, then by the Chief District Judge. Members shall be selected by the existing board members thereafter. Each board shall include at least tw elve (12) members. Each board member shall have a demonstrated interest in child welfare issues and commitment to the purpose and role of the court -appointed special advocate volunteers. Cabinet employees shall not be eligible to serve as officers of the board. Members shall, as far as practicable, be representative of the racial and ethnic composition of the area served by the CASA program. The board shall: (a) Determine major personnel, organization, fiscal, and program policies, including but not limited to the following: 1. Measures to be taken to safeguard the CASA program's information relating to children, their families, and the CASA volunteers; 2. The procedures for the recruitment, screening, training, and supervision of CASA volunteers; and 3. The procedure for and circumstances warranting dismissal of a CASA volunteer from the CASA program; (b) Determine overall plans and priorities for the CASA program, including provisions for evaluating progress against performance; (c) Approve the program budget; (d) Enforce compliance with all conditions of all grants contracts; (e) Determine rules and procedures for the governing board; (f) Select the officers and the executive committee, if any, of the governing board; (g) Meet at least four (4) times each year; and (h) Submit an annual report to the association in the uniform manner required which shall include, but need not be limited to, the following information: 1. Number of CASA volunteers in the program; 2. Number of program staff; 3. Number of children served; 4. Number of volunteers receiving initial training; 5. Number of and topics for in-service training; 6. The type of source of the funds received and the amount received from each type of source during the previous fiscal year; 7. The expenditures during the previous year; and 8. Other information as deemed appropriate. (3) Local CASA programs shall comply with the Kentucky CASA Network Standards for Programs. Local programs shall ensure that CASA volunteers are adequately supervised by providing at least one (1) supervisory staff person for every thirty (30) CASA volunteers that have been appointed by the court and assigned by the program director. Each local CASA program shall be managed by a qualified director whose service may be voluntary or who may be paid a salary. The program director's duties shall include: (a) Administration of the CASA program as directed by the local and state boards; (b) Recruitment, screening, training, and supervision of CASA volunteers and other program staff; (c) Facilitation of the performance of the court-appointed special advocates' duties; and (d) Ensuring that the security measures established by the local and state boards for safeguarding the information relating to children, their families, and the CASA volunteers are maintained. (4) CASA volunteers shall, as far as practicable, be representative of the socioeconomic, racial, and ethnic composition of the area served. (5) CASA volunteers may be removed by the court for nonparticipation or other cause or by the program director pursuant to subsection (2) of this section. (6) All written court-appointed special advocate reports submitted pursuant to KRS 620.525 shall become part of the cabinet's record of the child. (7) Employees of the Department for Community Based Services shall not become volunteers or employees of the court-appointed special advocate program. (8) Each CASA volunteer, program director, and other program staff shall take an oath, administered by a member of the Court of Justice, to keep confidential all information related to the appointed case except in conferring with or reports to the court, parties to the case, the cabinet, the Citizen Foster Care Review Board, others designated by the court, and as provided by law. (9) CASA volunteers shall be appointed by the presiding judge to represent the best interest of the child, subject to judicial discretion, and only after confirmation from the program director that the CASA volunteer has been properly screened and trained. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 53, sec. 4, effective July 15, 2026. -- Amended 2004 Ky. Acts ch. 138, sec. 2, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 278, sec. 18, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 245, sec. 3, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 264, sec. 2, effective July 13, 1990.

KRS 620.510 Support services and funding for CASA programs

620.510. Support services and funding for CASA programs (1) Secretarial and support services for each CASA program may be provided by the family court, the District Court, the circuit clerk, or a combination thereof, as ordered by the chief judge of family court or, if none, then by the Chief District Judge. The Administrative Office of the Courts may also provide secretarial and support services. (2) CASA programs may receive private funds and local, state, and federal government funding to insure total or partial funding of program activities. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 138, sec. 3, effective July 13, 2004. -- Amended 1996 Ky. Acts ch. 245, sec. 4, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 264, sec. 3, effective July 13, 1990.

KRS 620.512 Kentucky CASA network fund -- Creation and administration

620.512. Kentucky CASA network fund -- Creation and administration (1) The Kentucky CASA network fund is hereby created as a separate trust fund. The fund shall be administered by the Justice and Public Safety Cabinet. (2) The fund shall receive amounts collected from the income tax checkoff established in KRS 141.449, and any other proceeds from grants, contributions, appropriations, or other moneys made available for the purposes of the fund. Moneys in the fund shall be used to support CASA programs in Kentucky. (3) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year. (4) Any interest earned on moneys in the fund shall become a part of the trust fund and shall not lapse. (5) Moneys in the fund are appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 62, sec. 2, effective July 14, 2018.

KRS 620.515 Minimum requirements for CASA volunteer -- Training -- Oath

620.515. Minimum requirements for CASA volunteer -- Training -- Oath (1) A CASA volunteer shall meet the following minimum requirements: (a) Be at least twenty-one (21) years of age; (b) Be of good moral character; (c) Complete a written application providing the names of at least three (3) references; (d) Submit to a personal interview with program staff; (e) Submit to a criminal record check; and (f) Submit to a check of the child abuse and adult protection registry maintained by the cabinet. (2) If found acceptable, then the applicant shall receive a minimum of thirty (30) hours of initial training and take an oath of confidentiality administered by a family court judge or, if none, then a District Judge. (3) Training, both initial and in-service, of volunteers shall be provided by the program director or staff following standards adopted pursuant to KRS 620.535. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 138, sec. 4, effective July 13, 2004. -- Amended 1996 Ky. Acts ch. 245, sec. 5, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 264, sec. 4, effective July 13, 1990.

KRS 620.520 Information available to program directors and CASA volunteers

620.520. Information available to program directors and CASA volunteers (1) The clerk of the court shall: (a) Notify and provide a copy of all dependency, abuse, and neglect petitions to the program director, as soon as the court makes a referral to the program director for assignment of a CASA volunteer to the case; (b) Provide a copy of all court orders issued pursuant to this section; and (c) Notify the program director of all scheduled court hearings for cases to which a CASA volunteer has been assigned. (2) Upon appointment by the court to represent a child, the CASA volunteer shall have access to all information and records pertaining to the child including, but not limited to, the records of the following entities: the cabinet; child-caring facilities operated or licensed by the cabinet; public and private schools; physical and mental health care providers; law enforcement agencies; and other entities deemed appropriate by the court. (3) With court approval, the CASA volunteer may have access to information and records pertaining to the parents or persons exercising custodial control or supervision of the child assigned to the CASA volunteer, including information and records of the court, the cabinet, public and private child care facilities, private and public schools, and the medical and psychological records of the child assigned to the volunteer. The volunteer shall have access to the medical and psychological records of parents when the court determines that the information is essential to the welfare of the child and the court orders it. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 138, sec. 5, effective July 13, 2004. -- Amended 1996 Ky. Acts ch. 245, sec. 6, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 264, sec. 5, effective July 13, 1990.

KRS 620.525 Duties of CASA volunteers

620.525. Duties of CASA volunteers (1) CASA volunteers who have a conflict of interest in a case shall not be appointed to the case. (2) The CASA volunteer shall: (a) Attend all court hearings except that the CASA volunteer may be excused by the court or the program director if emergency circumstances arise; (b) Submit a written report and recommendation to the judge for consideration in determining the best interest of the child at the dispositional hearing, dispositional review hearings, other hearings as requested by the court, and at least one (1) report every six (6) months for as long as the case is assigned to a CASA volunteer; (c) Monitor the case by visiting the child as often as necessary to observe whether the child's essential needs are being met and whether court orders are actually being carried out; (d) Participate in any treatment planning conferences and reviews involving the child to assess whether reasonable efforts are being made to provide services to the child and family and determine the appropriateness and progress of the child's permanent plan; (e) Advocate a prompt, thorough review of the case if the child's circumstances warrant the attention of the court; (f) Interview parties involved in the case, including interviewing and observing the child; (g) Maintain complete written records about the case; (h) Report any incidents of child or adult abuse or neglect to the appropriate authorities and to the program director; (i) Remain actively involved in the case until dismissed from the case by the program director or judge with competent jurisdiction, or when an adoption proceeding is finalized; (j) Return all case-related materials including, but not limited to, written notes, court reports, and agency documents, to the program director upon the request of the program director; and (k) Work with the cabinet representatives to advocate the best interest of the child. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 245, sec. 7, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 264, sec. 6, effective July 13, 1990.

KRS 620.530 Court-Appointed Special Advocate Association

620.530. Court-Appointed Special Advocate Association (1) A state Court-Appointed Special Advocate Association shall be established. All CASA volunteers, local board members, program directors, and staff shall be eligible for membership in the association. Other categories of membership may be created by the association. (2) The association shall meet annually to elect a board of directors to manage the business of the association. The board shall, annually, elect a president, a vice president, a secretary, and a treasurer. The board shall meet at least four (4) times a year, and meetings may be held more frequently when called by the president of the board or by a majority of the board members. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 245, sec. 8, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 264, sec. 7, effective July 13, 1990.

KRS 620.535 Duties of association

620.535. Duties of association The association shall: (1) Adopt and approve state standards for all CASA volunteers, program directors, and other staff, including, but not limited to, guidelines for training; (2) Adopt and approve the uniform annual data reporting procedures for local programs pursuant to KRS 620.505(2)(h); and (3) Evaluate and make recommendations by February 1 in odd-numbered years to the Supreme Court, the Governor, the Legislative Research Commission, and the cabinet regarding: (a) Laws of the Commonwealth and practices, policies, and procedures within the Commonwealth affecting the welfare of children and families; and (b) The effectiveness, or lack thereof, and the reasons therefor, of local CASA volunteers advocating for permanent placement for the children in the Commonwealth. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 245, sec. 9, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 264, sec. 8, effective July 13, 1990.

KRS 620.537 Director of association -- Qualifications -- Duties

620.537. Director of association -- Qualifications -- Duties If the state board employs a full-time staff person to serve as the director of the association, then: (1) The state director shall be a person who by a combination of education, professional qualification, training, and experience is qualified to perform the duties of this position. The state director shall be of good moral character with at least two (2) years of experience working in a position managing a human services program and who has received a: (a) Master's degree in social work, sociology, psycho logy, guidance and counseling, education, criminal justice, or other human service field; or (b) Baccalaureate degree in social work, sociology, psychology, guidance and counseling, education, criminal justice, or other human service field with, in addition to the work experience required in this subsection, at least two (2) more years of experience working in the human services field. (2) The duties of the state director shall be: (a) To manage the state court-appointed special advocate office, including staff; (b) To coordinate the activities of the association; (c) To monitor the policies and practices of local CASA programs for compliance with state laws, national standards for CASA programs, and standards and reporting requirements established by the st ate association; to assist local CASA programs in efforts to achieve compliance; and to report to the state association the status of compliance by local CASA programs; (d) Upon request of local CASA programs, to provide technical assistance to local CASA programs; (e) To provide technical assistance and support to chief judges of family courts, Chief District Judges, and others in development of new local CASA programs; (f) To coordinate a statewide public awareness campaign for generating interest in developing new CASA programs, recruiting volunteers, and informing the public of the issues concerning child abuse and neglect; and (g) Other duties as directed by the association. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 53, sec. 5, effective July 15, 20 26. -- Amended 2004 Ky. Acts ch. 138, sec. 6, effective July 13, 2004. -- Created 1996 Ky. Acts ch. 245, sec. 13, effective July 15, 1996.

KRS 620.540 Support services and funding for board

620.540. Support services and funding for board (1) Secretarial and support services for the state board may be provided by the Administrative Office of the Courts. (2) The association may receive private funds, and local, state, and federal government funds to financially assist existing local CASA programs, assist local efforts to start a CASA program, or other activities deemed appropriate by the association. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 138, sec. 7, effective July 13, 2004. -- Amended 1996 Ky. Acts ch. 245, sec. 10, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 264, sec. 9, effective July 13, 1990.

KRS 620.545 Reports from CASA programs

620.545. Reports from CASA programs Each CASA program shall forward annually to the association and cabinet a report, pursuant to KRS 620.535(2) and KRS 620.505(2)(h), and any recommendations regarding the policies and practices of the court, the cabinet, and child-care facilities and child-placement agencies affecting the children being represented by the CASA volunteers. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 245, sec. 11, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 264, sec. 10, effective July 13, 1990.

KRS 620.550 Notification of treatment planning conferences and reviews

620.550. Notification of treatment planning conferences and reviews The cabinet shall notify the CASA volunteer, the CASA program, and the court when it schedules treatment planning conferences and reviews. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 245, sec. 12, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 264, sec. 11, effective July 13, 1990.

KRS 620.990 Penalty

620.990. Penalty (1) Except as otherwise provided in this chapter, any person intentionally violating the provisions of this chapter shall be guilty of a Class B misdemeanor. (2) The use of information by public officers and by defense counsel for purposes of investigation and trial of cases or other proceedings under the provisions of KRS Chapters 600 to 645 or in any criminal prosecution or appeal shall not constitute a violation of this chapter. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 72, sec. 5, effective July 15, 2008. -- Amended 1988 Ky. Acts ch. 350, sec. 62, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 96, effective July 1, 1987.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39420Fetched: 10/20/2026