SB 72 — AN ACT relating to female genital mutilation and declaring an emergency.

UNOFFICIAL COPY 20 RS BRSB 10472/EN AN ACT relating to female genital mutilation.mutilation and declaring an emergency.

(3) It is not a defense to female genital mutilation that the conduct under subsection Page 1 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN (2) of this section is:

and (b) Disseminate the educational material produced under paragraph (a) of this subsection to health care providers, teachers, law enforcement personnel, immigration and refugee resettlement agencies, and any other professionals or community entities who may reasonably be expected to come into contact Page 2 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN with individuals who may be at risk of suffering female genital mutilation.

Page 3 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN (d) Identification and investigation of, responding to, and reporting bias-related crime, victimization, or intimidation that is a result of or reasonably related to race, color, religion, sex, or national origin;

Agencies with twenty-one (21) or more but fewer than fifty-one (51) Page 4 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN full-time officers shall maintain at least two (2) officers who have completed the forty (40) hour sexual assault investigation training course;

Page 5 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN or revoke any license heretofore or hereafter issued by the board, upon proof that the licensee has:

(10) Knowingly made, or caused to be made, or aided or abetted in the making of, a false statement in any document executed in connection with the practice of his Page 6 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN profession;

(19) Given or received, directly or indirectly, from any person, firm, or corporation, any fee, commission, rebate, or other form of compensation for sending, referring, or otherwise inducing a person to communicate with a person licensed under KRS 311.530 to 311.620 in his professional capacity or for any professional services not Page 7 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN actually and personally rendered;

(22) Failed to comply with the requirements of KRS 213.101, 311.782, or 311.783 or failed to submit to the Vital Statistics Branch in accordance with a court order a Page 8 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN complete report as described in KRS 213.101;

Creates or allows to be created a risk of physical or emotional injury as Page 9 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN defined in this section to the child by other than accidental means;

or Page 10 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN (b) A person twenty-one (21) years of age or older commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon a child less than sixteen (16) years of age;

The petition or Page 11 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN attachment shall describe the student's behavior and all intervention strategies attempted by the school;

(13) "Commitment" means an order of the court which places a child under the custodial control or supervision of the Cabinet for Health and Family Services, Department of Page 12 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN Juvenile Justice, or another facility or agency until the child attains the age of eighteen (18) unless otherwise provided by law;

(22) "Detention hearing" means a hearing held by a judge or trial commissioner within twenty-four (24) hours, exclusive of weekends and holidays, of the start of any Page 13 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN period of detention prior to adjudication;

(31) "Graduated sanction" means any of a continuum of accountability measures, Page 14 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN programs, and sanctions, ranging from less restrictive to more restrictive in nature, that may include but are not limited to:

(37) "Intentionally" means, with respect to a result or to conduct described by a statute Page 15 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN which defines an offense, that the actor's conscious objective is to cause that result or to engage in that conduct;

(45) "Out-of-home placement" means a placement other than in the home of a parent, relative, or guardian, in a boarding home, clinical treatment facility, community- Page 16 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN based facility, detention facility, emergency shelter, fictive kin home, foster family home, hospital, nonsecure facility, physically secure facility, residential treatment facility, or youth alternative center;

Page 17 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN (c) A psychologist with the health service provider designation, a psychological practitioner, a certified psychologist, or a psychological associate licensed under the provisions of KRS Chapter 319;

(g) A professional counselor credentialed under the provisions of KRS 335.500 to 335.599 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general Page 18 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN hospital, or a regional comprehensive care center;

or Page 19 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN b.

(60) "Serious physical injury" means physical injury which creates a substantial risk of death or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily member or Page 20 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN organ;

Such behavior shall not be considered criminal or delinquent and such Page 21 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN children shall be termed status offenders.

(c) Who was given written and verbal warning of the consequences of the violation of the order at the time the order was issued and whose attorney or parent or legal guardian was also provided with a written notice of the consequences of violation of the order, which notification is reflected in the Page 22 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN record of the court proceedings;

(2) Any person, including but not limited to a physician, osteopathic physician, nurse, teacher, school personnel, social worker, coroner, medical examiner, child-caring Page 23 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN 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, 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 containing:

or the Page 24 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN Commonwealth's attorney or the county attorney;

(7)[(6)] Nothing in this section shall limit the cabinet's investigatory authority under Page 25 of 26 BR010400.100 - 104 - XXXX JacketedEngrossed UNOFFICIAL COPY 20 RS BRSB 10472/EN KRS 620.050 or any other obligation imposed by law.

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