SB 97 — AN ACT relating to child fatalities and near fatalities.

UNOFFICIALCHAPTER COPY139 221 RSCHAPTER 139 ( SB 97/GA97 ) AN ACT relating to child fatalities and near fatalities.

(d) 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 Page 1 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA 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.

The cabinet Page 2 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA shall participate in all investigations of reported or suspected sexual abuse or human trafficking of a child.

(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 Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY dependent, neglected, or abused.

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 Page 3 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA to issue an emergency custody order.

(b) Membership of the multidisciplinary team shall include but shall not be Page 4 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA limited to social service workers employed by the Cabinet for Health and Family Services and law enforcement officers.

CHAPTER 139 3 (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.

Page 5 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA (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.

(b) [The chairperson of the Senate Health and Welfare Committee of the Page 6 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA Kentucky General Assembly, who shall be an ex officio nonvoting member;] [(c) ]The commissioner of the Department for Community Based Services, who shall be an ex officio nonvoting member;

(i)[(j)](i)[(j)]A 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;

to be selected by the Attorney General from a list of three (3) names provided by the Page 7 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA president of the Prevent Child Abuse Kentucky, Inc.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (k)[(l)] A practicing local prosecutor to be selected by the Attorney General;

(r)[(s)] A member of a citizen foster care review board selected by the Chief Justice of the Kentucky Supreme Court;[ and] (s)[(t)](s)[(t)]An An at-large representative who shall serve as chairperson to be selected by the Secretary of State;

(3) (a) By August 1, 2013, the appointing authority or the appointing authorities, as Page 8 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA the case may be, shall have appointed panel members.

Page 9 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA (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:

CHAPTER 139 5 1.

(g) Medical records regarding the deceased or injured child, including but not Page 10 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA limited to all records and documentation set out in this paragraph:

(j) Records of any Family, Circuit, or District Court involvement 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 Page 11 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA not limited to the juvenile and family court records and orders set out in this paragraph, pursuant to KRS Chapters 199, 403, 405, 406, and 600 to 645:

Court reports by the Department for Community Based Services, guardian ad litem, court-appointedcourt- appointed special advocate, and the Citizen Foster Care Review Board;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (l) All information on prior allegations of abuse or neglect and deaths of children of adults residing in the household;

(9) 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 Health and Welfare of the Kentucky General Assembly monthly or at Page 12 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA the request of a committee co-chair.

(11) 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 Page 13 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA of the panel's access to the information and records.

CHAPTER 139 7 (14) 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 in an effort to facilitate effectiveness and transparency in Kentucky's child Page 14 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA protective services.

(3) (a) Upon notification of the death of a child under the age of eighteen (18) years which meets the criteria for a coroner's case as defined in KRS 72.405 and 72.025, the coroner shall immediately[as soon as practicable] contact the local Page 15 of 16 SB009710.100 - 1027 - XXXX GA UNOFFICIAL COPY 22 RS SB 97/GA office of the Department for Community Based Services, law enforcement agencies with local jurisdiction, and the local health department to determine the existence of relevant information concerning the case.

PageSigned 16by ofGovernor 16April SB009710.1008, -2022. 1027 - XXXX GA

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