Signed by Governor Andy Beshear

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires law enforcement, social services and other authorities are properly notified and communicating in cases of child abuse.

Highlights:

• Requires the county attorney to attend Fiscal court and meetings of local government and that they must specifically attend sessions of juvenile sessions of the district court along with the attorneys for the Cabinet for Health and Family Services (Sec. 1).

• Requires that the county attorney give advice to the local government concerning any local government business within their jurisdiction (Sec. 1).

• Specifies that the county attorney may attend all civil cases in which the commonwealth of Kentucky has interest (Sec. 1).

• Specifies that anyone who has reasonable cause to believe that a child has undergone abuse or neglect shall make a written or verbal report to local law enforcement Kentucky state police, the Cabinet for Health and Family Services, the commonwealth's attorney, or the county attorney (Sec. 2).

• Requires that any person including but not limited to a child’s physician, teacher, social worker, or other person who has reasonable cause or knowledge that a child is neglected or abused shall immediately make an oral report, notify the supervisor of their institution, and file a detailed report with law enforcement (Sec. 2).

• Specifies that anyone who is known to have retaliated against the filing of said report or intimidating the reporter shall be guilty of a misdemeanor (Sec. 2).

• Specifies that any person who believes that a child is a victim of human trafficking shall immediately notify law enforcement in a similar manner to the above and shall happen regardless if the reporter believes the perpetrator is the child’s guardian, parent, or other kin (Sec. 2). 

• Specifies that any person believes that a child is a victim of Female genital mutilation shall immediately make a report to law enforcement and shall apply even if the reporter believes the perpetrator to be the child’s parent, guardian, or kin (Sec. 2). 

• Requires that the Kentucky Cabinet of Health and Family services receive information and assistance from any agency, institution, or facility that is providing services to the child in furtherance of an investigation into the above matters (Sec. 2).

• Specifies that any person who violates the above section will be guilty of a misdemeanor on the first offense and a felony on the third offense (Sec. 2).

• Requires that any agency that receives a report concerning child abuse or neglect will forward said information to the Cabinet of Health and Family Services, Kentucky State Police, or local law enforcement (Sec. 3). 

• Establishes that based on the report the Cabinet will make a determination of risk of harm and immediate safety of the child (Sec. 3).

• Establishes that within 72 hours the Cabinet shall make a written recommendation to the other agencies mentioned above and that if the report alleges abuse then the cabinet will immediately notify law enforcement (Sec. 3).

• Authorizes law enforcement to conduct a search warrant if they cannot gain admission to the child and if immediate danger is present may remove said child (Sec. 3).

• Specifies that school personnel do not have the authority to conduct their own investigation regarding child abuse (Sec. 3). 

• Specifies that any appropriate law enforcement officer may take a child into protective custody without consent of the parent (Sec. 3). 

• Authorizes to the extent to which it is practicable, an interview will be conducted with the child with the presence of a multidisciplinary team from the Cabinet of Health and Family Services and law enforcement at a children’s advocacy center (Sec. 3). 

Full Bill Text