AN ACT relating to child abuse and declaring an emergency.
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HB 47 — AN ACT relating to child abuse and declaring an emergency.
Last action — to Judiciary (S)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
-
✓In Committee
-
3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
121 added · 388 removed121 line(s) added, 388 removed.
UNOFFICIAL COPY 20 RS BRHB 14347/GA AN ACT relating to child abuse and declaring an emergency.
(3) (a) For a misdemeanor sex offense[ under KRS Chapter 510] when the victim is a minor[under the age of eighteen (18)] at the time of the offense, the prosecution of the offense isshall not subject to a period of limitation and may be commenced at any time[shall be commenced within fiveten (5)(10)[five (5)] years after the victim attains the age of eighteen (18) years].years.
Unlawful transaction with a minor in the first degree under KRS Page 1 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 530.064(1)(a).
Page 1 of 5 HB004710.100 - 143 - XXXX GA UNOFFICIAL COPY 20 RS HB 47/GA (4) For purposes of this section, an offense is committed either when every element occurs, or if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated.
and (b) ["Childhood sexual abuse" means an act or series of acts against a person less Page 2 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 than eighteen (18) years old and which meets the criteria defining a Page 2 of 5 HB004710.100 - 143 - XXXX GA UNOFFICIAL COPY 20 RS HB 47/GA misdemeanor in KRS 510.120, KRS 510.130, KRS 510.140, or KRS 510.150.
(2) A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual assault or abuse[ or childhood sexual assault] isshall not subject to a period of limitation and may be commenced at any time[shall be brought before whichever of the following periods last expires:
or (d) Within ten (10) years of the conviction of a civil defendant for an offense included in the definition of childhood sexual abuseassault or abuse[ or childhood sexual assault.assault].
(3) If a complaint is filed alleging that an act of childhood sexual assault oror[ childhood sexualsexual] abuse occurred more than ten (10) years prior to the date that the action is commenced, the complaint shall be accompanied by a motion to seal the record and the complaint shall immediately be sealed by the clerk of the court.
(b) Any motion to dismiss under CR 12.02 is ruled upon, and if the complaint is dismissed, the complaint and any related papers or pleadings shall remain Page 3 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 sealed unless opened by a higher court;
or (c) The defendant files an answer and a motion to seal the record upon grounds Page 3 of 5 HB004710.100 - 143 - XXXX GA UNOFFICIAL COPY 20 RS HB 47/GA that a valid factual defense exists, to be raised in a motion for summary judgment pursuant to CR 56.
The complaint, motions, and other related papers or pleadings shall remain sealed unless opened by a higher court].court.
(4) This section shall apply to direct perpetrators of childhood sexual assault or abuse and third-party individuals and corporate entities who may be criminally liable for the criminal act of those perpetrators pursuant to KRS 502.020, 502.050, or 506.080 as well as any other legal cause of action that may entitle victims of childhood sexual assault or abuse to claims against third-party individuals and corporate entities who may be liable for the acts of their perpetrators.
(5) (a) As was its intention with the passage of 2017 Ky.
Acts ch.
114, sec.
2, the General Assembly hereby states that the amendments enacted in 2017 Ky.
Acts ch.
114, sec.
2 shall be applied retroactively to actions accruing before its effective date of June 29, 2017.
This section is a remedial statute which is to be given the most liberal interpretation to provide remedies for victims of childhood sexual assault or abuse.
(b) Notwithstanding any provision of law to the contrary, any claim for childhood sexual assault or abuse that was barred as of the effective date of 2017 Ky.
Acts ch.
114, sec.
2 because the applicable statute of limitation had expired is hereby revived and action thereon may be commenced in accordance with this section.
The restrictions of KRS 620.0306.945(1) isshall amendednot apply to readSections as1 follows:to 2 of this Act.
(1)Page Any4 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 to be made to a local law enforcement agency or to the Department of Kentucky5 StateHB004710.100 Police,- the143 cabinet- orXXXX itsGA designatedUNOFFICIAL representative,COPY the20 Commonwealth'sRS attorney,HB or47/GA theSection county4. attorney by telephone or otherwise.
AnyIf supervisorany whoprovision receivesof fromthis anAct employeeor athe reportapplication ofthereof suspectedto dependency,any neglect,person or abusecircumstance is held invalid, the invalidity shall promptlynot makeaffect aother reportprovisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the properprovisions authoritiesof forthis investigation.Act are severable.
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 county 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) Any person, including but not limited to a physician, osteopathic physician, 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 Page 4 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 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:
(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.
(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 or written report 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 Page 5 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 human trafficking of the child is 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.
Show all 134 changed lines (94 more)
(4) (a) 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 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.
(b) As used in paragraph (a) of this subsection, the clergy-penitent privilege is limited to information received solely through confidential communications with a clergy member, privately or in a confessional setting, when in the course of the discipline or practice of the clergy member's church, denomination, or organization, he or she is authorized or accustomed to hearing those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
(5) 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.
(6) Nothing in this section shall limit the cabinet's investigatory authority under KRS 620.050 or any other obligation imposed by law.
(7) Any person who intentionally violates the provisions of this section shall be guilty of a [:
(a) Class B misdemeanor for the first offense;
Page 6 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 (b) Class A misdemeanor for the second offense;
and (c) ]Class D felony[ for each subsequent offense].
Section 4.
KRS 620.050 is amended to read as follows:
(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 shall 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) (a) 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 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.
(b) As used in paragraph (a) of this subsection, the clergy-penitent privilege is limited to information received solely through confidential communications with a clergy member, privately or in a confessional setting, when in the Page 7 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 course of the discipline or practice of the clergy member's church, denomination, or organization, he or she is authorized or accustomed to hearing those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
(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 representative 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.
(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 not be divulged to anyone except:
(a) Persons suspected of causing dependency, neglect, or 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 Page 8 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 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;
or (j) The external child fatality and near fatality review panel established by KRS 620.055.
(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;
and 5.
The parties to an administrative hearing conducted by the cabinet or its Page 9 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 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.
Page 10 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 (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 Page 11 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 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) As a result of any report of suspected child abuse or neglect, photographs and X- rays or other appropriate medical diagnostic procedures may be taken or caused to Page 12 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 be taken, without the consent 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.
These photographs and X-rays 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.
The person performing the diagnostic procedures or taking photographs or X-rays 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.
The restrictions of KRS 6.945(1) shall not apply to Sections 1 to 4 of this Act.
Section 6.
If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or Page 13 of 14 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 143 application, and to this end the provisions of this Act are severable.
Section 7.
Page 145 of 145 HB004710.100 - 143 - XXXX JacketedGA
Show all 134 changed rows (94 more)
Action History
-
to Judiciary (S)
-
received in Senate
-
3rd reading, passed 83-1 with Committee Substitute (1)
-
posted for passage in the Consent Orders of the Day for Thursday, March 19, 2020
-
2nd reading, to Rules
-
reported favorably, 1st reading, to Calendar with Committee Substitute (1)
-
posted in committee
-
to Judiciary (H)
-
introduced in House
-
Prefiled by the sponsor(s).
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 138 not signed on
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (138)
138 members have not signed on to this bill.
Show all 138 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 30 | 0 | 0 | 1 |
| Unaffiliated | 47 | 1 | 0 | 14 |
| Democrat | 6 | 0 | 0 | 1 |
| Total | 83 | 1 | 0 | 16 |
| % of votes cast | 83% | 1% | 0% | 16% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Huff T | — | Yea |
| Scott | — | Yea |
| Bechler | — | Yea |
| Jenkins | — | Yea |
| Minter | — | Yea |
| Sheldon | — | Yea |
| Bentley | — | Yea |
| Sorolis | — | Yea |
| Glenn | — | Yea |
| Nemes | — | Yea |
| Goforth | — | Yea |
| Koenig | — | Yea |
| Stone | — | Yea |
| Booker | — | Yea |
| Graham | — | Yea |
| Lee | — | Yea |
| Pratt | — | Yea |
| Branham Clark | — | Yea |
| Graviss | — | Yea |
| Lewis D | — | Yea |
| Prunty | — | Yea |
| Thomas | — | Yea |
| Lewis S | — | Yea |
| Brenda | — | Yea |
| Harris | — | Yea |
| Massey | — | Yea |
| Webber | — | Yea |
| Cantrell | — | Yea |
| Hatton | — | Yea |
| Rothenburger | — | Yea |
| Wheatley | — | Yea |
| Heath | — | Yea |
| McCoy | — | Yea |
| Rowland | — | Yea |
| DuPlessis | — | Yea |
| Wiederstein | — | Yea |
| Hinkle | — | Yea |
| Meredith | — | Yea |
| Santoro | — | Yea |
| Fischer | — | Yea |
| Howard | — | Yea |
| Meyer | — | Yea |
| Schamore | — | Yea |
| Yates | — | Yea |
| Frazier | — | Yea |
| Brown G | — | Nay |
| Burch | — | Not Voting |
| Flood | — | Not Voting |
| Meeks | — | Not Voting |
| Rand | — | Not Voting |
| Stewart | — | Not Voting |
| Carney | — | Not Voting |
| Hoover | — | Not Voting |
| Raymond | — | Not Voting |
| Turner | — | Not Voting |
| Donohue | — | Not Voting |
| Palumbo | — | Not Voting |
| Sims | — | Not Voting |
| Westrom | — | Not Voting |
| Huff R | — | Yea |
| Miller C | — | Not Voting |
| Miller J | — | Yea |
| Al Gentry | Democrat | Yea |
| Ashley Tackett Laferty | Democrat | Yea |
| Lisa Willner | Democrat | Yea |
| Mary Lou Marzian | Democrat | Not Voting |
| Nima Kulkarni | Democrat | Yea |
| Pamela Stevenson | Democrat | Yea |
| Tina Bojanowski | Democrat | Yea |
| Aaron Reed | Republican | Yea |
| Adam Bowling | Republican | Yea |
| Bobby McCool | Republican | Yea |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Yea |
| Daniel Elliott | Republican | Not Voting |
| David Hale | Republican | Yea |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Greg Elkins | Republican | Yea |
| James Tipton | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim King | Republican | Yea |
| Kimberly Poore Moser | Republican | Yea |
| Mark Hart | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Randy Bridges | Republican | Yea |
| Richard White | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Steve Bratcher | Republican | Yea |
| Steve Riley | Republican | Yea |
| Steven Rudy | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Yea |
Subjects
Frequently asked questions
- What is the current status of HB 47?
- This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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