Kentucky 2022 Regular Session Status: Enacted 4 R cosponsors

SB 8 — AN ACT relating to child welfare and declaring an emergency.

Last action — signed by Governor (Acts Ch. 75)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 20, 2022. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    9 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amend KRS 15.900 to create the definition of "abused or neglected child" and "community resource organization"; change the definitions of "state board" and "prevention program"; amend KRS 15.905 to reference the new definition of "state board"; amend KRS 15.910 to establish new membership of the State Child Abuse and Neglect Prevention Board; amend KRS 15.920 to require the state board to meet at least quarterly each year and make conforming changes to align with the new established definitions; amend KRS 15.925, 15.935, 15.940, 15.942, and 15.948 to make conforming changes to align with new established definitions; amend KRS 194A.010, relating to the implementation of child welfare programs by the Cabinet for Health and Family Services; amend KRS 199.011 to update the definition of "fictive kin"; amend KRS 199.505, relating to a five-business-day notification requirement if someone is registered on the putative father registry; amend KRS 199.540 to remove a condition when an adoption can be annulled; amend KRS 199.570 to reference digital files related to an adoption case; amend KRS 200.575 related to when family preservation services are provided; create a new section KRS Chapter 205, relating to Medicaid reimbursement for certain services at children's advocacy centers; amend KRS 600.020 to change the definition of "abused or neglected child" and "fictive kin"; amend KRS 620.055 to require the annual report of the external child fatality and near fatality review panel to be delivered to State Child Abuse and Neglect Prevention Board and the Interim Joint Committee on Health, Welfare, and Family Services; amend KRS 620.140, relating to an eligible youth's ability to commit and re-commit themselves to the custody of the Cabinet for Health and Family Services; amend KRS 620.363 to add new rights for foster children; require the Kentucky Personnel Cabinet to promulgate administrative regulations related to the Kentucky Employees Charitable Campaign; EMERGENCY.

Bill Text

What changed in the latest version

1059 added · 1447 removed

1059 line(s) added, 1447 removed.

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UNOFFICIAL COPY 22 RS SB 8/GA AN ACT relating to child welfare and declaring an emergency.
CHAPTER 75 1 CHAPTER 75 ( SB 8 ) AN ACT relating to child welfare and declaring an emergency.
Page 1 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA Section 3.
Section 3.
6.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 6.
The director of the Kentucky Administrative Office of the Courts or Page 2 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA designee;
The director of the Kentucky Administrative Office of the Courts or designee;
Page 3 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (4) A majority of the entire membership of the state board, excluding nonvoting liaison members, shall constitute a quorum, and all actions of the state board shall be by vote of a majority of its entire membership, excluding nonvoting liaison members.
(4) A majority of the entire membership of the state board, excluding nonvoting liaison members, shall constitute a quorum, and all actions of the state board shall be by vote of a majority of its entire membership, excluding nonvoting liaison members.
encourage professional persons and groups to recognize and deal with prevention of child sexual abuse and exploitation and child abuse and Page 4 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA neglect;
encourage professional persons and groups to recognize and deal with prevention of child sexual abuse and exploitation and child abuse and neglect;
and (g) Establish a procedure for an annual, internal evaluation of the functions, responsibilities, and performance of the state board.
and CHAPTER 75 3 (g) Establish a procedure for an annual, internal evaluation of the functions, responsibilities, and performance of the state board.
(a) To fund a private nonprofit or public organization in the development or operation of a prevention program if at least all of the following conditions are Page 5 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA met:
(a) To fund a private nonprofit or public organization in the development or operation of a prevention program if at least all of the following conditions are met:
Page 6 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (d) To fund community resource organizations[local task forces];
(d) To fund community resource organizations[local task forces];
(2) Authorizations for disbursement of trust fund money under subsection (1)(g) of this section shall be kept at a minimum in furtherance of the primary purpose of the trust fund which is to disburse money under subsections (1)(a), (b), (c), (d), (e), and (f) of this section to encourage the direct provision of services to prevent child abuse and exploitation and child abuse and neglect, and to provide medical examination and counseling or other mental health services for victims of child sexual abuse and child abuse and neglect.
(2) Authorizations for disbursement of trust fund money under subsection (1)(g) of this section shall be kept at a minimum in furtherance of the primary purpose of the trust fund which is to disburse money under subsections Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1)(a), (b), (c), (d), (e), and (f) of this section to encourage the direct provision of services to prevent child abuse and exploitation and child abuse and neglect, and to provide medical examination and counseling or other mental health services for victims of child sexual abuse and child abuse and neglect.
Page 7 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (3) Demonstrates a willingness and ability to provide prevention program models and consultation to organizations and communities regarding prevention program development and maintenance;
(3) Demonstrates a willingness and ability to provide prevention program models and consultation to organizations and communities regarding prevention program development and maintenance;
They may seek assistance from any educational, legal, and mental and physical health- care professionals or child welfare organizations needed for implementation of training programs.
They may seek assistance from any educational, legal, and mental and physical health-care professionals or child welfare organizations needed for implementation of training programs.
The function of the cabinet is to improve the health of all Kentuckians, including the delivery of population, preventive, reparative, and containment health services in a safe and effective fashion, and to Page 8 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA improve the functional capabilities and opportunities of Kentuckians with disabilities.
The function of the cabinet is to improve the health of all Kentuckians, including the delivery of population, preventive, reparative, and containment health services in a safe and effective fashion, and to improve the functional capabilities and opportunities of Kentuckians with disabilities.
(1) "Adoption worker" means an employee of the cabinet so designated by the secretary for health and family services, a social worker employed by a county or city who has been approved by the cabinet to handle, under its supervision, adoption placement services to children, or a social worker employed by or under contract to a child-placing adoption agency;
(1) "Adoption worker" means an employee of the cabinet so designated by the secretary for health and family services, a social worker employed by a county or city who has been approved by the cabinet to handle, under CHAPTER 75 5 its supervision, adoption placement services to children, or a social worker employed by or under contract to a child-placing adoption agency;
Page 9 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (3) "Cabinet" means the Cabinet for Health and Family Services;
(3) "Cabinet" means the Cabinet for Health and Family Services;
(5) "Child-caring facility" means any institution or group home, including institutions and group homes that are publicly operated, providing residential care on a twenty- four (24) hour basis to children, not related by blood, adoption, or marriage to the person maintaining the facility, other than an institution or group home certified by an appropriate agency as operated primarily for educational or medical purposes, or a residential program operated or contracted by the Department of Juvenile Justice that maintains accreditation, or obtains accreditation within two (2) years of opening from a nationally recognized accrediting organization;
(5) "Child-caring facility" means any institution or group home, including institutions and group homes that are publicly operated, providing residential care on a twenty-four (24) hour basis to children, not related by blood, adoption, or marriage to the person maintaining the facility, other than an institution or group home certified by an appropriate agency as operated primarily for educational or medical purposes, or a residential program operated or contracted by the Department of Juvenile Justice that maintains accreditation, or obtains accreditation within two (2) years of opening from a nationally recognized accrediting organization;
(9) "Fictive kin" means an individual who is not related by birth, adoption, or marriage to a child, but who has an emotionally significant relationship with the child, or an emotionally significant relationship with a biological parent, siblings, or half- siblings of the child in the case of a child from birth to twelve (12) months of age, prior to placement;
(9) "Fictive kin" means an individual who is not related by birth, adoption, or marriage to a child, but who has an emotionally significant relationship with the child, or an emotionally significant relationship with a biological parent, siblings, or half-siblings of the child in the case of a child from birth to twelve (12) months of age, prior to placement;
(11) "Group home" means a homelike facility, excluding Department of Juvenile Justice- operated or -contracted facilities, for not more than eight (8) foster children, not adjacent to or part of an institutional campus, operated by a sponsoring agency for children who may participate in community activities and use community resources;
(11) "Group home" means a homelike facility, excluding Department of Juvenile Justice-operated or -contracted facilities, for not more than eight (8) foster children, not adjacent to or part of an institutional campus, operated by a sponsoring agency for children who may participate in community activities and use community resources;
Page 10 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (12) "Institution" means a child-caring facility providing care or maintenance for nine (9) or more children;
(12) "Institution" means a child-caring facility providing care or maintenance for nine (9) or more children;
(13) "Placement services" means those social services customarily provided by a licensed child-placing or a public agency, which are necessary for the arrangement and placement of children in foster family homes, child-placing facilities, or adoptive homes.
(13) "Placement services" means those social services customarily provided by a licensed child-placing or a public agency, which are necessary for the arrangement and placement of children in foster family homes, child- placing facilities, or adoptive homes.
The consent shall be in writing, signed Page 11 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA and sworn to by the consenting person, and include the following:
The consent shall be in writing, signed and sworn to by the consenting person, and include the following:
(c) Consenting person's relationship to the child;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) Consenting person's relationship to the child;
(g) A statement that the consenting person has received a completed and signed Page 12 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA copy of the consent at the time of the execution of the consent;
(g) A statement that the consenting person has received a completed and signed copy of the consent at the time of the execution of the consent;
Page 13 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (6) A court shall not grant an adoption unless the cabinet's affidavit under this section is filed with the court.
(6) A court shall not grant an adoption unless the cabinet's affidavit under this section is filed with the court.
If upon hearing the facts set forth in the petition they are established, the court may enter a decree of annulment of the adoption and setting aside any or all rights or obligations which may have accrued by reason of the adoption.
If upon hearing the facts set CHAPTER 75 7 forth in the petition they are established, the court may enter a decree of annulment of the adoption and setting aside any or all rights or obligations which may have accrued by reason of the adoption.
(b) Upon the entry of the final order in the case, the clerk shall place all papers and records in the case in a suitable envelope which shall be sealed, or a digital file with restricted access, and shall not be open for inspection by any person except on written order of the court, except that upon the written consent of the biological parents and upon written order of the Circuit Court Page 14 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA all papers and records including all files and records of the Circuit Court during proceedings for termination of parental rights provided in KRS 625.108 shall be open for inspection to any adult adopted person who applies in person or in writing to the Circuit Court as provided in KRS 199.572.
(b) Upon the entry of the final order in the case, the clerk shall place all papers and records in the case in a suitable envelope which shall be sealed, or a digital file with restricted access, and shall not be open for inspection by any person except on written order of the court, except that upon the written consent of the biological parents and upon written order of the Circuit Court all papers and records including all files and records of the Circuit Court during proceedings for termination of parental rights provided in KRS 625.108 shall be open for inspection to any adult adopted person who applies in person or in writing to the Circuit Court as provided in KRS 199.572.
If the adopted child is under eighteen (18) years of age, the birth certificate shall not contain any information revealing the Page 15 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA child is adopted and shall show the adoptive parent or parents as the biological parent or parents of the child.
If the adopted child is under eighteen (18) years of age, the birth certificate shall not contain any information revealing the child is adopted and shall show the adoptive parent or parents as the biological parent or parents of the child.
Page 16 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (a) "Department" means the Department for Community Based Services;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) "Department" means the Department for Community Based Services;
Page 17 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (b) Provide standards for family preservation services programs;
(b) Provide standards for family preservation services programs;
or[and] Page 18 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (c) Whose families are in conflict such that they are unable to exercise reasonable control of the child.
or[and] (c) Whose families are in conflict such that they are unable to exercise reasonable control of the child.
(7) The implementation of family preservation services shall be limited to those situations where protection can be ensured for children, families, and the community.
CHAPTER 75 9 (7) The implementation of family preservation services shall be limited to those situations where protection can be ensured for children, families, and the community.
(a) The number of families receiving family preservation services, the number of Page 19 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA children in those families, and the number of children in those families who would have been placed in out-of-home care if the family preservation services had not be available;
(a) The number of families receiving family preservation services, the number of children in those families, and the number of children in those families who would have been placed in out-of-home care if the family preservation services had not be available;
A child medical evaluation shall include but not be limited to one (1) or Page 20 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA more of the following:
A child medical evaluation shall include but not be limited to one (1) or more of the following:
and (e) "Sexual assault nurse examiner" has the same meaning as in KRS 314.011.
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (e) "Sexual assault nurse examiner" has the same meaning as in KRS 314.011.
(5) The cabinet shall promulgate administrative regulations in accordance with KRS Page 21 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA Chapter 13A to implement this section.
(5) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section.
A parent or other person exercising custodial control or Page 22 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA supervision of the child legitimately practicing the person's religious beliefs shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone.
A parent or other person exercising custodial control or supervision of the child legitimately practicing the person's religious beliefs shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone.
(3) "Aggravated circumstances" means the existence of one (1) or more of the following conditions:
CHAPTER 75 11 (3) "Aggravated circumstances" means the existence of one (1) or more of the following conditions:
(d) The parent has been found by the cabinet to have engaged in abuse of the Page 23 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA child that required removal from the parent's home two (2) or more times in the past two (2) years;
(d) The parent has been found by the cabinet to have engaged in abuse of the child that required removal from the parent's home two (2) or more times in the past two (2) years;
(10) "Child-caring facility" means any facility or group home other than a state facility, Department of Juvenile Justice contract facility or group home, or one certified by Page 24 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA an appropriate agency as operated primarily for educational or medical purposes, providing residential care on a twenty-four (24) hour basis to children not related by blood, adoption, or marriage to the person maintaining the facility;
(10) "Child-caring facility" means any facility or group home other than a state facility, Department of Juvenile Justice contract facility or group home, or one certified by an appropriate agency as operated primarily for educational or medical purposes, providing residential care on a twenty-four (24) hour basis to children not related by blood, adoption, or marriage to the person maintaining the facility;
(17) "Court-designated worker" means that organization or individual delegated by the Administrative Office of the Courts for the purposes of placing children in alternative placements prior to arraignment, conducting preliminary investigations, and formulating, entering into, and supervising diversion agreements and Page 25 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA performing such other functions as authorized by law or court order;
(17) "Court-designated worker" means that organization or individual delegated by the Administrative Office of the Courts for the purposes of placing children in alternative placements prior to arraignment, conducting Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY preliminary investigations, and formulating, entering into, and supervising diversion agreements and performing such other functions as authorized by law or court order;
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(26) "Emotional injury" means an injury to the mental or psychological capacity or Page 26 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA emotional stability of a child as evidenced by a substantial and observable impairment in the child's ability to function within a normal range of performance and behavior with due regard to his or her age, development, culture, and environment as testified to by a qualified mental health professional;
(26) "Emotional injury" means an injury to the mental or psychological capacity or emotional stability of a child as evidenced by a substantial and observable impairment in the child's ability to function within a normal range of performance and behavior with due regard to his or her age, development, culture, and environment as testified to by a qualified mental health professional;
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage to a child, but who has an emotionally significant relationship with the child, or an emotionally significant relationship with a biological parent, siblings, or half- siblings of the child in the case of a child from birth to twelve (12) months of age, prior to placement;
(28) "Fictive kin" means an individual who is not related by birth, adoption, or marriage to a child, but who has an emotionally significant relationship with the child, or an emotionally significant relationship with a biological parent, siblings, or half-siblings of the child in the case of a child from birth to twelve (12) months of age, prior to placement;
(32) "Habitual runaway" means any child who has been found by the court to have been absent from his or her place of lawful residence without the permission of his or her Page 27 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA custodian for at least three (3) days during a one (1) year period;
CHAPTER 75 13 (32) "Habitual runaway" means any child who has been found by the court to have been absent from his or her place of lawful residence without the permission of his or her custodian for at least three (3) days during a one (1) year period;
(40) "Near fatality" means an injury that, as certified by a physician, places a child in Page 28 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA serious or critical condition;
(40) "Near fatality" means an injury that, as certified by a physician, places a child in serious or critical condition;
(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- 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;
(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-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;
(50) "Physically secure facility" means a facility that relies primarily on the use of Page 29 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA construction and hardware such as locks, bars, and fences to restrict freedom;
(50) "Physically secure facility" means a facility that relies primarily on the use of construction and hardware such as locks, bars, and fences to restrict freedom;
(51) "Public offense action" means an action, excluding contempt, brought in the interest of a child who is accused of committing an offense under KRS Chapter 527 or a public offense which, if committed by an adult, would be a crime, whether the same is a felony, misdemeanor, or violation, other than an action alleging that a child sixteen (16) years of age or older has committed a motor vehicle offense;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (51) "Public offense action" means an action, excluding contempt, brought in the interest of a child who is accused of committing an offense under KRS Chapter 527 or a public offense which, if committed by an adult, would be a crime, whether the same is a felony, misdemeanor, or violation, other than an action alleging that a child sixteen (16) years of age or older has committed a motor vehicle offense;
(d) A licensed registered nurse with a master's degree in psychiatric nursing from an accredited institution and two (2) years of clinical experience with mentally ill persons, or a licensed registered nurse with a bachelor's degree in nursing from an accredited institution who is certified as a psychiatric and mental health nurse by the American Nurses Association and who has three (3) years of inpatient or outpatient clinical experience in psychiatric nursing and who is currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital, a private agency or company engaged in providing mental health services, or a regional Page 30 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA comprehensive care center;
(d) A licensed registered nurse with a master's degree in psychiatric nursing from an accredited institution and two (2) years of clinical experience with mentally ill persons, or a licensed registered nurse with a bachelor's degree in nursing from an accredited institution who is certified as a psychiatric and mental health nurse by the American Nurses Association and who has three (3) years of inpatient or outpatient clinical experience in psychiatric nursing and who is currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital, a private agency or company engaged in providing mental health services, or a regional comprehensive care center;
Has completed at least one thousand (1,000) hours of clinical experience under a supervising physician, as defined by KRS 311.840, who is a psychiatrist and is certified or eligible for certification by the American Page 31 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA Board of Psychiatry and Neurology, Inc.;
Has completed at least one thousand (1,000) hours of clinical experience under a supervising physician, as defined by KRS 311.840, who is a psychiatrist and is certified or eligible for certification by the American Board of Psychiatry and Neurology, Inc.;
Has been employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability for at least two (2) years;
Has been employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company CHAPTER 75 15 engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability for at least two (2) years;
Page 32 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (54) "Residential treatment facility" means a facility or group home with more than eight (8) beds designated by the Department of Juvenile Justice or the cabinet for the treatment of children;
(54) "Residential treatment facility" means a facility or group home with more than eight (8) beds designated by the Department of Juvenile Justice or the cabinet for the treatment of children;
(55) "Retain in custody" means, after a child has been taken into custody, the continued holding of the child by a peace officer for a period of time not to exceed twelve (12) hours when authorized by the court or the court-designated worker for the purpose of making preliminary inquiries;
(55) "Retain in custody" means, after a child has been taken into custody, the continued holding of the child by a peace officer for a period of time not to exceed twelve (12) hours when authorized by the court or the court- designated worker for the purpose of making preliminary inquiries;
(62) "Sexual exploitation" includes but is not limited to a situation in which a parent, Page 33 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA 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 a child or responsible for his or her welfare, allows, permits, or encourages the child to engage in an act which constitutes prostitution under Kentucky law;
(62) "Sexual exploitation" includes but is not limited to a situation in which a 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 a child or responsible for his or her welfare, allows, permits, or encourages the child to engage in an act which constitutes prostitution under Kentucky law;
3.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 3.
(66) "Take into custody" means the procedure by which a peace officer or other Page 34 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA authorized person initially assumes custody of a child.
(66) "Take into custody" means the procedure by which a peace officer or other authorized person initially assumes custody of a child.
and (72) "Youthful offender" means any person regardless of age, transferred to Circuit Page 35 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA Court under the provisions of KRS Chapter 635 or 640 and who is subsequently convicted in Circuit Court.
and (72) "Youthful offender" means any person regardless of age, transferred to Circuit Court under the provisions of KRS Chapter 635 or 640 and who is subsequently convicted in Circuit Court.
(f) 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 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 CHAPTER 75 17 General from a list of three (3) names provided by the dean of the University of Kentucky School of Medicine;
(g) A pediatrician from the University of Louisville's Department of Pediatrics who is licensed and experienced in forensic medicine relating to child abuse Page 36 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA 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) A pediatrician from the University of Louisville'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 Louisville School of Medicine;
(r) A representative of a community mental health center to be selected by the Page 37 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA 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 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.;
(e) If a voting panel member is proven to have violated subsection (13) of this Page 38 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA 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.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (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.
Page 39 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (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;
(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;
Page 40 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA The release of educational records shall be in compliance with the Family Educational Rights and Privacy Act, 20 U.S.C.
The release of educational records shall be in compliance with the Family Educational Rights and Privacy Act, 20 U.S.C.
(i) Head Start records or records from any other child care or early child care provider;
CHAPTER 75 19 (i) Head Start records or records from any other child care or early child care provider;
Court reports by the Department for Community Based Services, guardian ad litem, court-appointed special advocate, and the Citizen Foster Care Review Board;
Court reports by the Department for Community Based Services, guardian ad litem, court- appointed special advocate, and the Citizen Foster Care Review Board;
(7) The panel may seek the advice of experts, such as persons specializing in the fields Page 41 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA 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.
(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.
The original information and Page 42 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA 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.
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.
(12) 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.
(12) 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 Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY only occur following the conclusion of an open session.
Page 43 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (15) 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 (11), (12), or (13) of this section.
(15) 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 (11), (12), or (13) of this section.
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 Page 44 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA may not contest the original grounds for a finding of dependency, neglect, or abuse.
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.
Beginning at least six (6) months prior to an eligible youth attaining the age of eighteen Page 45 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (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);
Beginning at least CHAPTER 75 21 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) Extend or reinstate an eligible youth's commitment up to the age of twenty- one (21) to receive transitional living support.
or (e) Extend or reinstate an eligible youth's commitment up to the age of twenty-one (21) to receive transitional living support.
Page 46 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (6) Remain in the same educational setting prior to removal, whenever possible;
(6) Remain in the same educational setting prior to removal, whenever possible;
and Page 47 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA (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.
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.
(a) An official birth certificate;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) An official birth certificate;
Page 48 of 49 SB000810.100 - 42 - XXXX GA UNOFFICIAL COPY 22 RS SB 8/GA Section 22.
Section 22.
Page 49 of 49 SB000810.100 - 42 - XXXX GA
Signed by Governor April 1, 2022.
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Action History

  1. signed by Governor (Acts Ch. 75)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. received in Senate

  6. 3rd reading, passed 94-0

  7. posted for passage in the Regular Orders of the Day for Monday, March 21, 2022

  8. 2nd reading, to Rules

  9. reported favorably, 1st reading, to Calendar

  10. to Health & Family Services (H)

  11. to Committee on Committees (H)

  12. received in House

  13. 3rd reading, passed 32-4 with Floor Amendment (1)

  14. posted for passage in the Regular Orders of the Day for Wednesday, February 02, 2022

  15. floor amendment (1) filed

  16. 2nd reading, to Rules

  17. reported favorably, 1st reading, to Calendar

  18. to Health & Welfare (S)

  19. to Committee on Committees (S)

  20. introduced in Senate

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 129 not signed on · 1 voted No

Sponsors (9)

Co-sponsors (0)

None.

Not signed on (129)

129 members have not signed on to this bill.

Show all 129 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Pass

Passed 94 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 51002
Unaffiliated 34003
Democrat 9000
Total 94005
% of votes cast 95%0%0%5%
How each member voted (99)
Member Party Vote
Santoro — Yea
Fischer — Yea
Jenkins — Yea
Scott — Yea
Bechler — Yea
Bentley — Yea
Minter — Yea
Smith — Yea
Flood — Yea
Nemes — Yea
Koenig — Yea
Palumbo — Yea
Thomas — Yea
Timoney — Yea
Pratt — Yea
Graham — Yea
Prunty — Yea
Cantrell — Yea
Massey — Yea
Raymond — Yea
Webber — Yea
Hatton — Yea
Dixon — Yea
Heath — Yea
McCoy — Yea
Westrom — Yea
Donohue — Yea
Wheatley — Yea
Rowland — Yea
Meredith — Yea
Burch — Not Voting
Sheldon — Not Voting
Huff R — Not Voting
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Not Voting
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 8 W/ sfa1

Passed 32 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15300
Republican 15100
Democrat 2000
Total 32400
% of votes cast 89%11%0%0%
How each member voted (36)
Member Party Vote
Alvarado — Yea
Nemes — Yea
Thomas — Yea
Hornback — Yea
Parrett — Yea
Turner — Yea
Kerr — Yea
Smith — Yea
Westerfield — Yea
McGarvey — Yea
Southworth — Yea
Meredith — Yea
Thayer — Yea
Yates — Yea
Castlen — Nay
Schickel — Nay
Schroder — Nay
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Nay
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 8 do?
Amend KRS 15.900 to create the definition of "abused or neglected child" and "community resource organization"; change the definitions of "state board" and "prevention program"; amend KRS 15.905 to reference the new definition of "state board"; amend KRS 15.910 to establish new membership of the State Child Abuse and Neglect Prevention Board; amend KRS 15.920 to require the state board to meet at least quarterly each year and make conforming changes to align with the new established definitions; amend KRS 15.925, 15.935, 15.940, 15.942, and 15.948 to make conforming changes to align with new established definitions; amend KRS 194A.010, relating to the implementation of child welfare programs by the Cabinet for Health and Family Services; amend KRS 199.011 to update the definition of "fictive kin"; amend KRS 199.505, relating to a five-business-day notification requirement if someone is registered on the putative father registry; amend KRS 199.540 to remove a condition when an adoption can be annulled; amend KRS 199.570 to reference digital files related to an adoption case; amend KRS 200.575 related to when family preservation services are provided; create a new section KRS Chapter 205, relating to Medicaid reimbursement for certain services at children's advocacy centers; amend KRS 600.020 to change the definition of "abused or neglected child" and "fictive kin"; amend KRS 620.055 to require the annual report of the external child fatality and near fatality review panel to be delivered to State Child Abuse and Neglect Prevention Board and the Interim Joint Committee on Health, Welfare, and Family Services; amend KRS 620.140, relating to an eligible youth's ability to commit and re-commit themselves to the custody of the Cabinet for Health and Family Services; amend KRS 620.363 to add new rights for foster children; require the Kentucky Personnel Cabinet to promulgate administrative regulations related to the Kentucky Employees Charitable Campaign; EMERGENCY.
Who sponsors SB 8?
SB 8 is sponsored by Julie Raque Adams (Republican), R. Alvarado, Danny Carroll (Republican), C. Embry Jr., M. McGarvey, Brandon J. Storm (Republican), D. Yates, Donald Douglas (Republican), and Harper Angel.
What is the current status of SB 8?
This bill has been enacted into law. Introduced January 20, 2022. Enacted.
Where can I track SB 8?
Track SB 8 free on One Click Politics — get push/email alerts when it moves.

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